Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence - Medical Coverage and Services for Immigrants
September 13, 2017 (Updated July 13, 2018)
By: Sarah Andrews, Vanessa Brown, Aurora de Heer, Joseph Leonard, Ryan Lighty, Katherine O’Keefe, Celia Soehner, William Springer, Josh Sterling, Linda Way-Smith, Beau Yanoshik
Morgan, Lewis & Bockius, LLP
For: National Immigrant Women’s Advocacy Project (NIWAP), American University, Washington College of Law This project was supported by Grant Number 2015-TA-AX-K043, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. For questions and technical assistance contact NIWAP at (202) 274-4457 or [email protected].
National Immigrant Women’s Advocacy Project (NIWAP) American University, Washington College of Law 4300 Nebraska Avenue NW C100 · Washington, D.C. 20016 (o) 202.274.4457 · [email protected] · wcl.american.edu/niwap · niwaplibrary.wcl.american.edu
Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence0F
Introduction
The Federal Victims of Crime Act established a Crime Victims Fund that provides grants to states for eligible crime victim compensation programs. If states meet certain requirements, this federal funding can be obtained to compensate victims of crimes through programs administrated by the states 1 and U.S. territories.1F
As a preliminary matter, the receipt of assistance will not necessarily impede an immigrant’s attempts to enter the country, become a legal permanent resident, or remain in the country, referred to as the “public charge rule.” Under the public charge rule, if in the opinion of the consular office at the time of application for a visa or at the time of application for admission or adjustment to status, an immigrant is likely to become a public charge, that 2 immigrant is inadmissible.2F Only certain public benefits will trigger the public charge rule. A person may become a public charge if the person “is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income 3 maintenance or institutionalization for long-term care at government expense.”3F Benefits that are not considered for income maintenance include, but 4 are not limited to, health benefits, such as Medicaid and Children’s Health Insurance Program, nutritional programs, housing benefits, and child care.4F In addition to the receipt of benefits, the government will consider the immigrant’s age, health, family status, assets, resources, financial status, 5 6 education, and skills.5F No single factor, except for the lack of an affidavit of support, if required, will determine an individual’s public charge status.6F Moreover, the 2013 reauthorization of the Violence Against Women Act (“VAWA”) also exempts VAWA self-petitioners, qualified aliens (as further described below), and immigrants who are applicants for or are granted nonimmigrant status pursuant to a U visa from the public charge rule for the 7 purposes of admission and status adjustments.7F
1 See 42 U.S.C. § 10602, and relevant federal law in the following discussion. 2 8 U.S.C. § 1182(a)(4), 8 U.S.C. § 1227(a)(5). 3 U.S. Citizenship and Immigration Services, Public Charge Fact Sheet, Apr. 29, 2011, http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6 bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD (last visited Mar. 25, 2013). 4 Id. For a full list of benefits not considered for public charge purposes see U.S. Citizenship and Immigration Services, Public Charge Fact Sheet, Apr. 29, 2011, http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6 bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD (last visited Mar. 25, 2013). 5 Id. 6 Id. 7 Violence Against Women Reauthorization Act of 2013, Pub. L. No. 114-4, § 804, 127 Stat. 54, 111 (2013).
American University, Washington College of Law 2 In general a “compensable crime” under the Federal Victims of Crime Act includes motor vehicle accidents resulting from driving while intoxicated, domestic violence, and any crime where the victim suffers death or personal injury, including assault, battery, child abuse, reckless driving, murder, 8 robbery, sexual assault, kidnapping, or other violent crimes.8F
Each state and territory has a victims compensation program. Most of these programs provide compensation to victims of crimes that occur in that state. Generally, a victim must suffer physical (bodily) injury, emotional injury, economic loss, or some combination of these.
Many of the programs extend certain types of compensation to relatives of the victim, such as counseling, or, where the crime results in a death, coverage of funeral and burial expenses. Often, relatives or even non-relatives that paid for medical care of a victim can be compensated for those costs. Some states also extend benefits to those who prevent or attempt to prevent a crime.
Most states provide compensation to: state residents, or nonresidents, if the crime occurred in the state; and state residents if the crime occurred in another state, and there is no comparable compensation available from that other state.
Several states also provide compensation to: state residents for crimes committed outside of the country, in an act of international terrorism, or mass violence.
9 Most states do not deny compensation based upon immigration status.9F Accordingly, in most states, both qualified and non-qualified immigrants can receive compensation if they are victims of a crime. However, several states either do not provide coverage for non-qualified immigrants or seek information that a non-qualified immigrant may not have. For example, several states ask for a social security number as part of the process of applying for compensation. Generally speaking, however, these states will process an application and provide compensation, even if the social security number is not available. Among the very few states where compensation is not provided to non-qualified immigrants, one will permit compensation if the crime victim is also a victim of human trafficking.
It is generally required that the crime be reported to law enforcement officials within a certain time period—often 72 hours. However, most states permit a crime to be reported later if for good cause, or if the victim was a juvenile. It is not necessary that the crime at issue be solved or that the
8 42 U.S.C. §10602. 9 The U.S. Citizenship and Immigration Services (USCIS) has removed the Gardasil vaccination requirement for the human papillomavirus vaccine (HPV), from the list of vaccinations required for immigrants seeking a visa or an adjustment of status to permanent resident. However, an influenza vaccine is now required for applicants 6 months through 18 years during the influenza (flu) season. Also, the Meningococcal conjugate vaccine, specifically tetravalent meningococcal conjugate vaccine (MCV4), is now required for persons 11 through 18 years of age. Immigrant women must provide certification from a Civil Surgeon Center that they have received the proper vaccines. If they have not previously been vaccinated, as indicated by their medical history and records, a Civil Surgeon shall administer the vaccine. See Centers for Disease Control and Prevention, 2009 Technical Instructions for Vaccination for Civil Surgeons, http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/vaccination-civil-technical-instructions.html; see also Department of Health and Human Services, Center for Disease Control and Prevention, Adjustment of Status for Permanent Residence Requirements, http://www.cdc.gov/ncidod/dq/pdf/civil_surgeon_ti/technical_instructions.pdf.
American University, Washington College of Law 3 accused is convicted. However, it is generally required that the victim cooperate with law enforcement officials in investigating the crime, and that the victim be innocent, e.g., not involved in the crime, and not incarcerated at the time of the crime.
Compensation is available for a wide variety of financial costs. Most often this includes medical costs, such as physician services, hospital care, dental services, prescription drugs, and mental health treatment. For victims of sexual assault, compensated medical care can include STD and HIV/AIDS screening/treatment, pregnancy testing, hepatitis screening, and pre-natal care.
Most states provide compensation for loss of income and funeral/burial costs. Many states also provide compensation for travel for court appearances or for medical treatment, rehabilitation, crime scene clean-up, necessary moving/relocation costs, necessary home security or modifications, limited attorney’s fees, and replacement costs for the work victim is no longer able to perform, e.g., housekeeping or child care. A few states compensate for lost, stolen, or damaged property. Very few states compensate for pain and suffering.
Most states have limits on how much will be reimbursed in each category, as well as a limit on total compensation. Most also consider this compensation of last resort, i.e., compensation will not be provided if the costs are reimbursable by insurance or other benefits.
Emergency benefits can often be provided if the victim would suffer substantial hardship without immediate compensation. Emergency awards can range, in general, from $500 to $1500.
To obtain compensation, victims must generally file an application in the particular state with the agency that administers the program. Time limits for filing vary, but are generally one to three years from the time of the crime. There are usually allowances for good cause that enable an application to be submitted at a later time. Applications are then reviewed and a decision is reached. Most states have an appeal process that may be used if the victim’s request is denied.
RELEVANT FEDERAL LAW
Victims of Crime Act
The Victims of Crime Act established a Crime Victims Fund from which grants are provided to states for eligible crime victim compensation programs. Under 42 U.S.C. § 10602, a compensation program qualifies as an eligible crime victim compensation program if:
1. the program is operated by the state and offers compensation to victims and the survivors of victims of criminal violence (including drunk driving and domestic violence) for (i) medical expenses attributed to a physical injury related to compensable crime, including expenses for mental health counseling and care, (ii) lost wages attributable to a physical injury resulting from a compensable crime, and (iii) funeral expenses attributable to a death resulting from a compensable crime; the program promotes victim cooperation with reasonable requests from law enforcement;
American University, Washington College of Law 4 2. the grants will not supplant state funds otherwise available for victim compensation;
3. the program makes compensation awards to victims who are nonresidents of the state on the basis of the same criteria used to make awards to victims who are residents of the state;
4. the program provides compensation to victims of federal crimes occurring within the state on the same basis as compensation to victims of state crimes;
5. the program provides compensation to residents of the state who are victims of crimes occurring outside the state if (i) the crimes would be compensable crimes had they occurred inside that state, and (ii) the places the crimes occurred in are states not having eligible crime victim compensation programs;
6. the program does not, except pursuant to rules issued by the program to prevent unjust enrichment of the offender, deny compensation to any victim because of that victim’s familial relationship to the offender, or because of the sharing of a residence by the victim and the offender; and
7. the program does not provide compensation to any person who has been convicted of an offense under federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense.
Federal Healthcare Programs
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (“PPACA”) into law. Once all of the law’s provisions go into effect, it will significantly expand healthcare access in the United States. The law, however, does restrict the eligibility for benefits based on immigration status.
10 One of the cornerstones of PPACA is the establishment of state health benefit exchanges (“Exchanges”).11F As explained by the Centers for Medicare & Medicaid Services, the Exchanges will be state-based “competitive marketplaces” where individuals will be able to purchase affordable private health 11 12 insurance.12F Each state must establish an exchange by January 1, 2014.13F Through these Exchanges, health coverage is made available to “qualified 13 individuals[.]”14F “Qualified individuals” are defined as “an individual who is seeking to enroll in a qualified health plan in the individual market 14 offered through the Exchange; and (ii) resides in the state that established the Exchange.”15F “Qualified individuals” do not include individuals who are
10 42 U.S.C. § 18031. 11 HealthCare.gov, Affordable Insurance Exchanges: More Choices, Competition and Clout, HealthCare.gov, Apr. 5, 2012, http://www.healthcare.gov/news/factsheets/2011/07/exchanges07112011b.html (last visited Mar. 19, 2013). 12 42 U.S.C. § 18031(b)(1). 13 Id. at § 18031(d)(2)(A). 14 42 U.S.C. § 18032(f)(1).
American University, Washington College of Law 5 15 16 not lawfully present16F in the United States.17F PPACA states, “If an individual is not, or is not reasonably expected to be for the entire period for which enrollment is sought, a citizen or national of the United States or an alien lawfully present in the United States, the individual shall not be treated 17 as a qualified individual and may not be covered under a qualified health plan in the individual market that is offered through an Exchange.”18F
If an individual is a “qualified individual,” he or she may be eligible for financial assistance to reduce the financial burden of purchasing health insurance through the Exchanges. One form of financial assistance is tax credits. Tax credits will be available to “taxpayer[s]” whose household 18 income for the taxable year is between 100 percent and 400 percent of the federal poverty line for a family of the applicable size.19F Tax credits are not 19 available to individuals eligible for other forms of public health coverage or individuals offered affordable coverage through an employer.20F Tax 20 credits are further available to lawfully present immigrants21F beyond the regular eligibility criteria if the person’s household income is no greater than 21 100 percent of the Federal poverty line and such person is not eligible for Medicaid due to his or her immigration status.22F Because enrollment in Exchanges is not available to individuals who are not lawfully present, tax credits to assist with the cost of exchanges are also not available to 22 individuals who are not lawfully present.23F Moreover, if a person is eligible for enrollment in a health plan through an Exchange, but has members of his or her household who are not lawfully present in the United States, special rules apply for the calculation of the tax credit, which remove the person 23 who is not lawfully present from the calculation.24F
Financial assistance for insurance purchased through Exchanges is also available via cost-sharing subsidies. Through cost-sharing subsidies, individuals who enroll in a silver level Exchange health plan (the second lowest cost plan) and whose household income exceeds 100% but does not exceed 400% 24 of the federal poverty line, are eligible for out of pocket expense reductions.25F As in the case of tax credits, cost-sharing is available to lawfully present 25 immigrants26F beyond the regular eligibility criteria if the person’s household income is no greater than 100 percent the Federal poverty line and such 26 person is not eligible for Medicaid due to his or her immigration status.27F However, like the tax credits, a person’s immigration status will impact 27 eligibility and the household income calculation.28F Cost-sharing is not available to a person who is not lawfully present and household income is determined by excluding any illegally present persons from the calculation. Id.
15 See 45 C.F.R. § 152.2 for the definition of “lawfully present.” 45 C.F.R. § 155.20. 16 Id. at § 18032(f)(3). 17 42 U.S.C. § 18032(f)(3). 18 26 U.S.C. § 36B(c)(1)(A). 19 See 26 U.S.C. § 36B(c)(2)(C) for specific information on eligibility for tax credits when employer sponsored health plans are available. 20 “Lawfully present” is defined as an individual who “is, and is reasonably expected to be for the entire period of enrollment for which the credit under this section is being claimed, a citizen or national of the United States or an alien lawfully present in the United States.” 26 U.S.C. § 36B(e)(2). 21 Id. at § 36B(c)(1)(B). 22 42 U.S.C. § 18032(f)(3). 23 26 U.S.C. § 36B(e)(1). 24 42 U.S.C. § 18071(b). 25 “Lawfully present” is defined as an individual who “is, and is reasonably expected to be for the entire period of enrollment for which the credit under this section is being claimed, a citizen or national of the United States or an alien lawfully present in the United States.” 42 U.S.C. § 18071(e)(2). 26 Id. at § 18071(b). 27 Id. at § 18071(e)(1).
American University, Washington College of Law 6 Another central tenant of the PPACA is Medicaid expansion. Under the Medicaid expansion provisions, persons whose income does not exceed 133% 28 29 of the federal poverty line may be eligible for Medicaid benefits, depending on the state.29F Medicaid’s eligibility rules, though, remain intact.30F Accordingly, Medicaid benefits are available only to: Lawful permanent residents; Refugees, persons granted asylum or withholding of deportation/removal, and conditional entrants; Persons granted parole by the Department of Homeland Security (DHS) for a period of at least one year; Cuban and Haitian entrants; Certain abused immigrants, their children, and/or their parents; and 30 Certain victims of trafficking.31F
If an immigrant is eligible under the above criteria and entered the United States on or after August 22, 1996, such person must generally wait a period of five years from the point the immigrant became qualified before he/she becomes eligible for Medicaid benefits from Federal funding, assuming all 31 other Medicaid eligibility criteria are met.32F Some states, however, have waived the five year requirement for certain categories of immigrants, such as 32 pregnant women and minor children, or use state funds to provide medical care for non-qualified immigrants.33F
Despite the above limitations, coverage for emergencies is available to immigrants through Emergency Medicaid and the Emergency Medical Treatment and Active Labor Act (“EMTALA”). Under Emergency Medicaid, if the only reason for an individual’s ineligibility for Medicaid benefits
28 42 U.S.C. § 1902(a)(10)(A)(i)(VIII). In 2012, the Supreme Court found that the Medicaid Expansion provision of the ACA was unconstitutionally coercive. Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S.Ct. 2566 (June 28, 2012). Accordingly, the Court limited the ability of the federal government to enforce the Medicaid Expansion provisions. Id. States, therefore, may opt to participate in Medicaid Expansion, but are not required to do so. According to the Advisory Board Company, a research, technology, and consulting firm, as of March 13, 2013, 14 states were not participating, 24 states were participating, 3 states were leaning toward not participating, 6 states were undecided or had no comment on the issue, and 2 states were leaning toward participating. “Where each state stands on PPACA’s Medicaid expansion,” the Advisory Board Company, http://www.advisory.com/Daily-Briefing/2012/11/09/MedicaidMap#lightbox/1/ (last visited Mar. 19, 2013). 29 For a detailed overview of access to public benefits for immigrant populations, see American University Washington College of Law, NIWAP, Legal Momentum, Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault, Chap 16: Access to Programs and Services that Can Help Victims of Sexual Assault and Domestic Violence (2011), available at http://niwaplibrary.wcl.american.edu/reference/manuals/sexual- assault (last visited Mar. 20, 2013).; see also Centers for Medicare & Medicaid Services, Publication #45: State Medicaid Manual, Chap. 3: Eligibility, available at http://www.cms.gov/Regulations-and- Guidance/Guidance/Manuals/Paper-Based-Manuals- Items/CMS021927.html (last visited Mar. 20, 2013). 30 8 U.S.C. § 1611(a), 1641. See 8 U.S.C. § 1611(b) for certain limited exceptions. 31 8 U.S.C. § 1613(a). For exceptions to the five year rule, see 8 U.S.C. § 1613(c), see also American University Washington College of Law, NIWAP, Legal Momentum, Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault, Chap 16: Access to Programs and Services that Can Help Victims of Sexual Assault and Domestic Violence (2011), available at http://niwaplibrary.wcl.american.edu/reference/manuals/sexual- assault (last visited Mar. 20, 2013).. Even once the five year period has passed, immigrants may still be barred from Medicaid benefits based upon other Medicaid criteria, such as income under the sponsor deeming rules. See American University Washington College of Law, NIWAP, Legal Momentum, Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault, Chap 16: Access to Programs and Services that Can Help Victims of Sexual Assault and Domestic Violence (2011), available at http://niwaplibrary.wcl.american.edu/reference/manuals/sexual-assault (last visited Mar. 20, 2013). Certain exceptions apply to the deeming rules for abused immigrants. Id. 32 National Immigration Law Center, Table: Medical Assistance Programs for Immigrants in Various States, July 2012, available at http://www.nilc.org/guideupdate.html (last visited Mar. 19, 2013)
American University, Washington College of Law 7 33 is his or her status as an immigrant, he or she may still be eligible for coverage for “emergency medical conditions.”34F An “emergency medical condition” is defined as “a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in (A) placing the patient’s health 34 in serious jeopardy, (B) serious impairment to bodily functions, or (C) serious dysfunction of any bodily organ or part.”35F
Under EMTALA, if any individual “comes to the emergency department” of a hospital and requests examination or treatment, the hospital must 35 provide appropriate medical screening to determine if the individual has an emergency medical condition.36F If the hospital determines that an emergency medical condition does exist, the hospital must provide treatment until the patient is stabilized or transfer the patient to another hospital in 36 accordance with the statute.37F Under EMTALA, an “emergency medical condition” means “a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in—(i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy, (ii) serious impairment to bodily functions, or (iii) serious dysfunction of any bodily organ or part; or (B) with respect to a pregnant woman who is having contractions— (i) that there is inadequate time to effect a safe transfer to another hospital before delivery, or (ii) that transfer may pose a threat to the 37 health or safety of the woman or the unborn child.”38F
STATE LAW PROVISIONS
The following is a chart briefly summarizing the provisions available to victims of sexual assault and other violent crimes. This chart is followed by a detailed listing for each U.S. state and territory setting forth the relevant provisions for eligibility, compensation, and the application process for crime victim compensation (“CVC”).
Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Alabama The only immigrants qualified for crime Victims may be able to receive the following TO APPLY victims compensation in Alabama must compensation benefits (up to a maximum of have been qualified immigrants as defined $20,000): For an application form, a claimant can contact by federal public benefits laws on the date the following agencies or go online: of the crime victimization. Medical;
33 42 U.S.C. § 1396b(v)(2). 34 Id. at § 1396b(v)(3). For a detailed review of state specific Emergency Medicaid requirements, see Legal Momentum & Morgan Lewis, LLP, Emergency Medicaid for Non- Qualified Aliens, available at http://niwaplibrary.wcl.american.edu/public-benefits/health-care/17_Emergency-Medicaid-Chart-MANUAL-ES.doc (last visited Mar. 19, 2013). 35 42 U.S.C. § 1395dd(a). 36 Id. at § 1395dd(b)(1). 37 Id. at § 1395dd(e)(1).
American University, Washington College of Law 8 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The list of qualified immigrants are Work loss due to the crime defined in federal law at 8 U.S.C. § 1641 ($600/week); 1. Alabama Crime Victims and includes: Funeral expenses (not to exceed Compensation Commission o Lawful permanent residents $7,000); and P.O. Box 231267 o Conditional permanent residents Occupational rehabilitation of the Montgomery, Alabama 36123-1267 o Asylees victim. Phone 1-800-541-9388 (VICTIMS o Refugees ONLY) o Persons paroled into the United States Ala. Code §§ 15-23-3(6), 15-23-15. Phone (334) 290-4420 for a period of at least one year Fax (334) 290-4455 o Persons granted withholding of www.avcc.alabama.gov. deportation 2. Victims' Service Officer in claimant’s o Persons granted conditional entry local District Attorney's Office o Cuban and Haitian entrants 3. Online o Amerasian immigrants at: http://www.acvcc.state.al.us/down o A victim of human trafficking who loads/application.pdf has filed for, had a prima facie determination or has been awarded a T-visa under INA § 101(a)(15)(T), 8 The claimant must file an application within 1 U.S.C. § 1101(a)(15)(T). year of the incident, unless there is a good o Persons who have been battered or reason for the delay. Applications should be subject to extreme cruelty by a U.S. filed with the Alabama Crime Victims citizen or lawful permanent resident Compensation Commission. spouse or parent, who have VAWA Al. Code § 15-23-12(a)(1). self-petitions or petitions for suspension of deportation or cancellation of removal pending or Both claimant and victim who is not a US approved and their undocumented citizen must provide proof of legal presence in immigrant children listed as one of the forms listed below, and be verified dependents in their VAWA self- in the Systematic Alien Verification for petition application. Entitlements system: o Parents of children have been battered I-327 (Reentry Permit); I-551 (Permanent or subject to extreme cruelty by the Resident Card); I-571 (Refugee Travel other U.S. citizen or lawful Document); I-766 (Employment Authorization permanent resident, and who have Card); Certificate of Citizenship; VAWA self-petitions or petitions for Naturalization Certificate · Machine Readable suspension of deportation or Immigrant Visa (with Temporary I-551); cancellation of removal pending or Temporary I-551 Stamp (on Passport or I-94); approved and their undocumented I-94 (Arrival/Departure Record); I-94 immigrant children listed as (Arrival/Departure Record) in Unexpired Foreign Passport; Unexpired Foreign Passport;
American University, Washington College of Law 9 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements dependents in their VAWA self- I-20 (Certificate of Eligibility for petition application. Nonimmigrant (F-1) Student Status); DS2019 (Certificate of Eligibility for Exchange Visitor (J-1) Status). Documents not included in this The victim, dependent of the victim (if the list will be examined on a case-by-case basis. victim dies as a result of criminal Ala. Admin. Code 262-X-4-.02(11)-(13). conduct) or the surviving spouse, child, or representative of the victim of a violent crime may apply for compensation. Ala. The application must be notarized. Code §15-23-3(5).
To be eligible: The executive director of the Commission will notify the claimant within 10 days of the The crime which caused the Commission's action. injury or death must be reported to a law enforcement officer TO APPEAL within 72 hours after its occurrence, unless the The claimant may notify the executive director commission finds there was good in writing (certified mail) of the intent to cause for the failure to report appeal within 30 days of the date of the within that time. Ala. Code § 15- notification letter. 23-12(a)(4). The claimant is entitled to a formal hearing The claimant must not be the before the Commission, which shall be held offender, or an accomplice of the within 60 days of the receipt of the intent-to- offender, or the one who appeal notice from the claimant. The encouraged or in any way Commission may, without a hearing, settle a participated in the criminally claim by stipulation, agreed settlement, injurious conduct. Ala. Code § consent order or default. 15-23-12(a)(2).
The award must not unjustly The Commission will make its decision within benefit the offender or 10 days of the formal hearings and the accomplice of the offender. Ala. applicant will be notified by mail. Code § 15-23-12(a)(3). Ala. Admin. Code § 262-X-9-.01. The claimant must be a U.S. citizen, legally present in the U.S., or be a noncitizen that is eligible for public benefits to
American University, Washington College of Law 10 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements receive compensation. Ala. Admin. Code 262-X-4.02(11).
Compensation may be denied of diminished:
To the extent that the economic loss is recouped from collateral sources. Ala. Code §15-23- 12(b). To the extent that the degree of responsibility for the cause of the injury or death is attributable to the victim as determined by the commission. Ala. Code §15-23- 12(b). If the Commission finds that the claimant or victim has not fully cooperated with law enforcement officials, the prosecutor's office, and the Commission. Ala. Code §15-23-12(c). The victim must not have been convicted of a felony and/or not perpetrate criminally injurious conduct after applying for compensation. Ala. Admin. Code 262-X-4-.02(9).
Alaska Alaska provides assistance to crime Total compensation is not to exceed $40,000 per A person may obtain an application form by victims regardless of residency or victim per incident. Total compensation calling or writing to: citizenship. awarded as a result of a death may not exceed 2 Alaska Admin. Code § 80.050(b)(1). $80,000 in the case of a victim with more than The Violent Crimes one dependent eligible to receive Compensation Board The Board will consider application from compensation. In the case of two or more P.O. Box 110230 victims of crimes (state or federal) that victims in the same incident who jointly have a Juneau, AK 99811-0230 occurred in Alaska; from Alaska residents dependent eligible for compensation, total Phone: (800) 764-3040 or who are victims of violent crime in state compensation awarded as a result of the deaths (907) 469-3040 or territory without a victim compensation may not exceed $80,000. Fax: (907) 465-2379
American University, Washington College of Law 11 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements program; or from Alaska residents Alaska Stat. § 18.67.130(c). Web site at who are victims of terrorism overseas. http://www.state.ak.us/admin/vccb/. 2 Alaska Admin. § Code 80.050(b)(1). An application for compensation can be made by the victim, or in the case of death, by the A paper form can be downloaded at To be compensable: victim’s dependents or a representative of the http://doa.alaska.gov/vccb/pdf/application.pdf. victim if the victim is a minor or legally The forms are also available at all law The incident must have been incompetent. enforcement agencies in the state. reported to the police within 5 2 Alaska Admin. Code § 80.110. days of its occurrence (if that is Applications must be completed and submitted not reasonable, the incident must The following are compensable: to the Violent Crime Compensation Board. be reported within 5 days of the Training is available online at time when a report could have Expenses actually and reasonably http://doa.alaska.gov/vccb/training/HowDoI_A been reasonably made). incurred as a result of the crime. pplication.pdf. The applicant must cooperate Loss of earning power as a result of with law enforcement and total or partial incapacity of the victim Application must be made within 2 years after prosecution officials of the and employment related rehabilitation the date of the personal injury or death. offender. costs. Alaska Stat. § 18.67.130(a)(1). Financial loss to the dependents of a Upon receipt of the application, the Board Alaska Stat. § 18.67.130(a)(2), (3) deceased victim. administrator will investigate the claim. Upon Any other reasonable loss resulting completion of investigation, the administrator An application for compensation can be from personal injury or death. will present the claim to the board at its next made by the victim, or in the case of Funeral and burial and certain expenses meeting. The board will grant an award, deny death, by the victim’s dependents or a for immediate family members the claim, order a hearing, or request further representative of the victim if the victim is attending the funeral. investigation or information, and will notify a minor or legally incompetent. Reasonable attorney’s fees (up to 25% the claimant or the claimant's attorney of its 2 Alaska Admin. Code § 80.110. of the first $1,000 compensation, 15% decision. of the next $9,000, and 7.5% of the 2 Alaska Admin. Code § 80.015. amount awarded over $10,000). Emergency compensation (up to The Board may order that compensation be $1,500). paid directly to a service provider. Mental health counseling sessions. Alaska Stat. § 18.67.110.
Alaska Stat. §§ 18.67.050, 18.67.110, 18.67.120; http://doa.alaska.gov/vccb/policy/funeral_relate d_costs.html?_ga=1.122493068.645955910.147 7079386.
Compensation may not be awarded if the victim
American University, Washington College of Law 12 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements violated the law, contributing to the injury, or if injured by a motor vehicle/boat/plan unless driven by someone intoxicated or used a weapon. Alaska Stat. § 18.67.130(b)(3), (4). Arizona Immigration status is not a bar to receipt Compensation may be paid for: The person seeking compensation must of compensation under the Arizona Crime complete an application and submit it to Victims Compensation Program. Ariz. medical expenses; the Board in the county where the crime Admin. Code section 10-4-101(32) mental health counseling (up to $5,000 occurred within 2 years of discovery of the defines “victim” without reference to per victim); crime unless good cause is shown. A standard immigration status. Further, Ariz. Admin. work loss (information regarding limits application provided by the Commission is Code section 10-4-106(A)(3) lists the is below); used by each board. A board is required to exclusions, and does not include any render a decision within 60 days of receipt of funeral expenses (up to $10,000); reference to immigration status. the application unless good cause exists. crime scene cleanup (up to $2,000); Ariz. Admin. Code § R10-4-106. Awards will be granted for physical transportation to medical appointments, injury, mental distress, medical court or other official proceedings, or County board contact information is available conditions, or death caused by criminal in response to a threat to the victim's at conduct or international terrorism safety (up to $1,500); http://www.azcjc.gov/ACJC.Web/victim/Vict that: occurred in Arizona; affected an emergency compensation, if an award Comp.aspx. Arizona resident but occurred outside of is likely and serious hardship would Arizona in a location without a crime result if the payment is not provided Applications are available from the county victim compensation program. (up to $1,000). board or at Ariz. Admin. Code § R10-4-106. http://www.azcjc.gov/ACJC.Web/pubs/cvs/V Total award is up to $25,000. C_APP.pdf. The application may be Ariz. Admin. Code § R10-4-108; completed on-line and printed, or printed and http://www.azcjc.gov/ACJC.Web/victim/VictCo completed by hand. Further: mp.aspx . A board may conduct hearings on any The crime must have been Payments for work loss of victims (and parents application in its discretion. reported to law enforcement or guardians of victims who are minors) include within 72 hours after it occurred, compensatory payments for attending court If the board denies a claim, the applicant may unless the Board determines proceedings, up to 40 hours per week at the request a hearing, and a hearing or review of there is good cause for the delay. current minimum wage rate; for making funeral the decision may be granted on specific arrangements or tending to the victim's affairs, The victim/claimant must grounds, including irregularity in the up to 24 hours at the current minimum wage cooperate with law enforcement. administrative proceedings, newly discovered rate; for medical treatment or transportation to evidence that could not with reasonable and from medical treatment, up to 40 hours per diligence have been discovered and produced month at the current minimum wage rate; to at the board meeting, lack of justification for provide non-skilled nursing to the victim, up to the decision, errors in the rejection or
American University, Washington College of Law 13 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The claimed loss must not be 160 hours at the current minimum wage. admission of evidence, or other errors of law. compensable from another Ariz. Admin. Code § R10-4-108 Ariz. Admin. Code § R10-4-106. source. No compensation will be awarded for attorney's Ariz. Admin. Code § R-10-4-106. fees incurred by a victim or claimant. Ariz. Admin. Code § R10-4-108 The following may make an application:
A victim; A relative of the victim; A household relative in a substantially similar relationship as a relative; A non-family member who witnessed a violent crime; Any person whose presence is required for the successful treatment of the victim; A person authorized to act on behalf of a decease victim or deceased victim's dependent; A person who assumed an obligation directly related to the victim's economic loss.
Ariz. Admin. Code § R 10-4-107; see also Ariz. Admin. Code § R 10-4-101(10) (definition of "derivative victim").
Claimants who are not eligible include:
A perpetrator or anyone who encouraged or participated in criminally injurious conduct; A person serving or who has escaped from any sentence of imprisonment;
American University, Washington College of Law 14 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements A person who has been convicted of a federal crime and is delinquent in paying any fine, monetary penalty or restitution.
Ariz. Admin. Code § R10-4-106.
The Board may deny claims for a variety of reasons, including recoupment of economic losses from other sources, the victim’s own negligence, lack of victim cooperation or failure to assist prosecution or otherwise provide information about the crime, or insufficient funds. Ariz. Admin. Code § R10-4-108(F). Arkansas Claimants include the victim, a dependent Medicare care, rehabilitation, rehabilitative A claim form for crime victim compensation All licensed health of a homicide victim, or an authorized occupational training, crime scene clean-up and may be obtained from the prosecuting care facilities that person acting on behalf of the victim. other expenses are covered as follows: attorney's office, law enforcement agency or provide emergency the Arkansas Crime Victims Reparations care to sexual The following qualify as a "victim in Medical expenses are paid at 65% of Program. assault survivors Arkansas:" balance submitted, but providers may Ark. Code Ann. § 16-90-712 are required to accept this as payment in full; inform survivors in An Arkansas resident suffering Mental health expenses are paid up to The application is also available at: a timely manner personal injury or death as the $3,500 for out-patient treatment and https://static.ark.org/eeuploads/ag/crime_victi about the result of a criminal act occurring $3,500 for in-patient; ms_application_5,_11-23-15.pdf availability of in Arkansas; Work loss (up to one week for work emergency An Arkansas resident who loss provided loss occurred within 2 The claim form must be filed within 1 year of contraception. suffers personal injury or death weeks of incident and documentation incident (may be waived for good cause) and Ark. Code Ann. § as result of a criminal act that verifying employment is submitted); must be completed in its entirety and 20-13-1401 et seq. accompanied by the following: occurs in a state not having a Future economic loss up to$1,000; crime victims reparations Funeral expenses up to $7,500; program for which the victim is Crime scene clean-up expenses; An itemized statement of expenses eligible; Property damage up to $500; related to the crime (for example, itemized medical bills including An Arkansas resident suffering Legal fees of $250 plus guardianship personal injury or death by an act filing fee when award is made to a hospital charges, counseling fees, ambulance fees, and prescription of terrorism committed outside of minor child. costs); and the United States; Miscellaneous expenses (e.g., purchase and installation of locks and windows
American University, Washington College of Law 15 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements A minor child of an eligible following sexual assault or domestic A copy of the police offense report or victim; violence in victim’s primary other documentation from the agency An immediate family member of residence); to which the crime was reported. a deceased victim, a sexual Emergency relief of $500 may granted assault victim, or a child victim; in advance of a decision on a claim; Ark. Crime Victims Reparations Board Rules A person who resided in the any advance will be deducted from the and Regulations, Rule 12 same permanent household as a final award. (https://static.ark.org/eeuploads/ag/ACVRB_R deceased victim; or ules_and_Regs.pdf). A person who discovers the body of a homicide victim. Overall maximum is $10,000 per victim, but this Completed applications should be returned to: can be raised to $25,000 if the victim suffered Ark. Code Ann. § 16-90-703. catastrophic injury that resulted in total and Arkansas Crime Victims Reparations Program permanent disability. Office of the Attorney General There are no eligibility restrictions based 323 Center Street, Suite 200 on immigration status. Ark. Code Ann. §§ 16-90-702, 16-90-716, 16- Little Rock, Arkansas 72201 90-719; Ark. Crime Victims Reparations Board By phone: 501-682-1020 In order to be eligible for compensation, Rules and Regulations, Rules 10, 13, 21, and 22 or 1-800-448-3014 the following requirements must be met: (https://static.ark.org/eeuploads/ag/ACVRB_Rul es_and_Regs.pdf). For more information, go to: http://arkansasag.gov/programs/criminal- Claim must be filed within one justice/crime-victim-reparations. (1) year of incident (may be
waived for good cause); Expenses that are not covered by the Program The crime must be reported to include: the proper authorities within 72 hours (may be waived for good cause); Pain and suffering; and Victim must have suffered Attorney’s fees (except in connection personal injury or death due to with filing for legal guardianship of a criminal act of another person; minor). Victim/claimant must cooperate with the investigation and/or prosecution; Victim must not have been covered by a collateral source (e.g. insurance or other payment of costs); Victim/claimant must not have been convicted of a criminally injurious felony;
American University, Washington College of Law 16 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Victim's conduct must not have contributed to the victimization; Victim must not have been involved in illegal activity at the time of the incident; Victim must not have been incarcerated at the time of the incident; If a motor vehicle was involved, compensation is available if the incident involved one of the following: Alcohol or drugs (violation of Omnibus DWI); Intent; or Hit and Run (Leaving the scene of an accident involving serious injury or death).
Ark. Code Ann.. § 16-90-712; see also Ark. Crime Victims Reparations Board Rules and Regulations, Rule 8 (https://static.ark.org/eeuploads/ag/ACVR B_Rules_and_Regs.pdf). California There are no eligibility Compensation is provided for: The victim must complete an application and California law restrictions based on immigration file it with the California Victim requires physicians status. Both qualified and medical and medical-related expenses, Compensation Board. Unless the Board grants to provide the unqualified immigrants are including replacement of eyeglasses, an extension, the application must be filed victim with the eligible. dentures, and prosthetic devices; within three (3) years from the date of the option of post- The crime either (i) must have mental health counseling (up to crime; the date the victim turned eighteen (18); assault emergency occurred in California, whether $10,000 for victims, and $5,000 for or the date the victim knew or in the exercise contraception, and the victim is a resident of derivative victims); of ordinary diligence could have discovered to provide California or not, or (ii) the expenses of nonmedical remedial care that the crime caused an injury or death, contraception upon victim must be a resident of and treatment rendered in accordance whichever is later. request by the California, a member of the with a religious method of healing Cal. Gov’t Code § 13953(a). victim. military stationed in California, recognized by state law; Cal. Penal Code § Applications can be completed on-line, or 13823.11. or a family member living with a loss of income or loss of support (up to applications can be downloaded in English or member of the military stationed 5 years for victims; up to 30 days for 13 other languages at in California. Cal. Gov’t Code § derivative victims, not to exceed http://www.vcgcb.ca.gov/victims/howtoapply. 13955. $70,000 for all derivative victims);
American University, Washington College of Law 17 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The injury or death must be the job retraining; aspx. Victims may also obtain an application direct result of a crime. Injury expenses for installing or increasing from their local Victim Witness Assistance can include physical injury, residential security (up to $1,000); Program or by calling the toll-free state help emotional injury coupled with a expenses for retrofitting or renovating a line at 1-800-777-9229. The completed threat of physical injury, or other victim’s residence or vehicle, or both, application must be signed and dated where forms of emotional injury to make them accessible by a victim indicated and mailed to: resulting from specified crimes. who is permanently disabled as a direct The injury or death must have result of the crime; California Victim Compensation Board resulted or may result in financial relocation expenses (up to $2,000); P.O. Box 3036 loss within the scope of funeral/burial expenses (up to $7,500); Sacramento, CA 95812-3036 compensation. Cal. Gov’t Code and Web address: http://www.vcgcb.ca.gov/ §13955. crime scene cleanup expenses (up to $1,000). An application will be denied:
The types of crimes for which Cal. Gov’t Code §§ 13957(a), 13957.5; 13957.9 because of the nature of the compensation may be available include applicant's involvement in the event drunk driving, domestic violence, and any An attorney may receive compensation from the leading to the crime, including crime that results in death or personal Board in the amount of 10% of the amount of whether the victim initiated the crime, injury, including sexual assault. the award, or $500, whichever is less, for each provoked or aggravated the victim and derivative victim, and may not perpetrator, was committing a crime, Compensation may be received by the otherwise charge for providing services in or the crime was the reasonably victim of a crime or a derivative victim of connection with obtaining compensation for a foreseeable consequence of the a crime, defined to include: victim. applicant's conduct. Cal. Gov’t Code Cal. Gov’t Code § 13957.7(g). § 13956(a); the parent, grandparent, sibling, if the Board finds that the victim fails spouse, child or grandchild of the The total award on behalf of each victim may to reasonably cooperate with law victim at the time of the crime; not exceed $35,000 although this amount may enforcement in the apprehension and person living in the household of be increased to $70,000 if federal funds are conviction of the criminal. The Board the victim at the time of the available. will consider the victim’s age, crime; Cal. Gov’t Code § 13957(b). physical condition, psychological person who previously lived in state, cultural or linguistic barriers, the household of the victim for a health and safety concerns (including period of not less than 2 years in a reasonable fear of retaliation) when a relationship substantially determining the degree of cooperation similar to that of a relative; of which a victim is capable. Cal. another family member of the Gov’t Code § 13956(b). victim, including the victim’s fiancé or fiancée and who witnessed the crime; or The applicant (or parent, guardian, caretaker,
American University, Washington College of Law 18 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements the primary caretaker of a minor etc. if the applicant is a minor or incompetent) victim but who was not the must verify the content of the application primary caretaker at the time of under penalty of perjury and the Board may the crime. require the submission of additional information. The applicant has 30 days from Cal. Gov’t Code § 13955. the date of receipt of a request for additional information to supply the information or appeal the request. Cal. Gov’t Code § 13952(b)(1); Cal. Gov’t Code § 13954.
Any person with written authorization of the victim or who is designated by law (including but not limited to a legal guardian, conservator or social worker) may compete the application on behalf of a victim. Cal. Gov’t Code § 13952(d).
An applicant may request and receive an emergency award if the Board determines that such an award is necessary to avoid or mitigate substantial hardship that may result from delaying compensation until the application can be completely processed. Emergency awards must be disbursed within 30 days of the application. Denial of an emergency award is not appealable. Cal. Gov’t Code § 13952.5.
TO APPEAL An applicant can appeal if a claim is recommended for denial, or if any part of the claim is recommended for denial. An appeal must be filed within 45 days of the date the Board mailed the notice to deny the claim and/or expense. In some cases, if new information is provided, the denial may be reconsidered immediately. Otherwise, most appeals are scheduled for a hearing before a Hearing Officer. This hearing will give the
American University, Washington College of Law 19 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements applicant the opportunity to present information supporting the claim. Hearings are not held to contest the denial of an emergency award. Cal. Gov’t Code § 13959; http://www.vcgcb.ca.gov/law/appeals/
If the applicant does not agree with the outcome of the Board's final decision, he or she can obtain judicial review by filing a Petition for a Writ of Mandate in the Superior Court. Cal. Gov’t Code § 13960.
For more information, contact Victim Compensation and Government Claims Board, PO Box 3036, Sacramento, CA 95812-3036. Or see the following link: http://www.vcgcb.ca.gov/ Colorado The following persons may be eligible to A victim may recover the following for injury or A claim for victim compensation must be filed All licensed health- receive compensation: death: with the Victim Compensation Board in the care facilities that judicial district in which the crime took place. provide emergency any person who suffers property reasonable medical and hospital The victim must submit receipts and reports care to sexual damage, economic loss, injury or expenses and expenses incurred from from physicians and/or law enforcement in assault victims are death as a result of a dentures, eyeglasses, hearing aids, or support of the claim. required to have compensable crime perpetrated other prosthetic or medically necessary Colo. Rev. Stat. 24-401-105. protocols for or attempted in whole or in part devices; informing a in Colorado; loss of earnings; Applications may be obtained from the Victim survivor, in a any person who attempts to assist outpatient care; Compensation Administrator in district where timely fashion, of the crime occurred, or on-line at: the availability and a victim who suffered property homemaker and home health services; https://cdpsdocs.state.co.us/ovp/Vic_Comp/V use of emergency damage, economic loss, injury or burial expenses; death as a result of a C_English_Application_2_18_16.pdf. Compl contraception. The loss of support to dependents; eted applications must be returned to the statute provides compensable crime perpetrated mental health counseling; and or attempted in whole or in part district Victim Compensation Administrator. exceptions for household support, where offender Contact information for each district is individual health in Colorado; or vacated the home shared by the victim any person who is a relative of a available at care professionals and the victim was the offender's https://cdpsdocs.state.co.us/ovp/Vic_Comp/V on the basis of victim who suffered property dependent. damage, economic loss, injury or CAdminList_GENERAL_11_3_16.pdf, or by religious or moral death as a result of a calling 303-239-4493 or 1-888-282-1080 (toll beliefs. free in-state) for help.
American University, Washington College of Law 20 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements compensable crime perpetrated Colo. Rev. Stat. § 24-4.1-109(1). Colo. Rev. Stat. § or attempted in whole or in part The victim (or applicant) must file a claim for 25-3-110. in Colorado. "Relative" means a A victim may recover the following for property compensation for injury or death within 1 year victim's spouse, parent, damage: from the date of the crime. The victim must grandparent, stepfather, file a claim for compensation for property stepmother, child, grandchild, repair or replacement of property damage within 6 months of the crime. brother, sister, half brother, half damaged as a result of the crime or Colo. Rev. Stat. § 24-4.1-108. sister, or spouse's parents. The payment of the deductible amount on a term includes said relationships residential insurance policy; and The processing time is different for each that are created as a result of any modification to the victim’s district. It generally takes 30-45 days to be adoption, and any person who residence or motor vehicle that is notified of the Board’s decision. has a family-type relationship necessary to ensure victim's safety. http://dcj.ovp.state.co.us/home/victims- with a victim. compensation/how-to-file-a-claim For crimes outside the state of Colo. Rev. Stat. § 24-4.1-109(1.5). Colorado, a Colorado resident If the applicant makes any false statements as
who was victim of crime in state to a material fact to the Board, then she will be A relative of a victim, even though not a that does not have a crime victim ineligible to receive compensation under this dependent of the victim, is eligible for compensation program for which program. compensation for reasonable medical or burial the person would be eligible, or a Colo. Rev. Stat. § 24-4.1-105(3). expenses if: (1) the relative files a claim with the Colorado resident injured or crime victim compensation board and (2) the killed by an act of international If the Board denies the victim’s claim for relative paid for the medical and/or burial terrorism committed outside of compensation, the victim may ask the Board to expenses. the United States. reconsider its decision. The victim should Colo. Rev. Stat. § 24-4.1-111. contact the Victim Compensation program
within 30 days from the date of receiving Colo. Rev. Stat. §§ 24-4.1-102(9), (10). The Board can order an emergency award for notice of the denial. compensation even if the final decision has not Colo. Rev. Stat. § 24-4.1-106(5). There are no eligibility restrictions based been made, if the victim shows that immediate
on immigration status. payment is necessary. The amount of the For more information, contact: emergency award will not exceed $1,000 and Office for Victims Programs A victim or dependent of a victim is will be deducted from any final award made as a 700 Kipling Street, Suite 1000 entitled to an award of compensation if: result of the claim. Colo. Rev. Stat. § 24-4.1- Lakewood, CO 80215-5865 112. Telephone: 303-239-5719 or 888-282-1080 The crime was reported to Web page: appropriate law enforcement The following are not eligible for compensation: https://sites.google.com/a/state.co.us/dcj- officials within seventy-two victim-program/home/victims-compensation hours of its occurrence (unless pain and suffering; the board finds good cause exists property damage other than residential for the failure of notification); property damage and rekeying the
American University, Washington College of Law 21 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The applicant has cooperated victim's motor vehicle to ensure the fully with law enforcement victim's safety; and officials in the apprehension and aggregate damage to the victim (or the prosecution of the assailant (or dependents of a victim) exceeding the board has found good cause $30,000. exists for the failure to cooperate); Colo. Rev. Stat. § 24-4.1-109(2). The death of or injury to the victim was not substantially attributable to his/her wrongful act or substantial provocation of his/her assailant; and The application for an award filed with the board within one year of the date of injury to the victim (unless the board grants an extension of time for good cause, which includes but is not limited to circumstances in which a crime has remained unsolved for more than one year); 6 months for property damage.
Colo. Rev. Stat. §§ 24-4.1-108; http://dcj.ovp.state.co.us/home/victims- compensation/eligibility-requirements Connecticut There are no eligibility restrictions based If you have suffered personal injury, you may The applicant should file a claim for Connecticut law on immigrant status. The following receive up to $15,000 for the following compensation within 2 years after the date of provides that individuals may file a claim for expenses: the personal injury or death. Applications are hospitals shall compensation: available at provide information Medical, dental, counseling, and http://www.jud.ct.gov/crimevictim/compensati on emergency A victim of a personal injury prescription expenses; on.htm. To file a claim, a victim must submit contraception to crime, including a victim of a Counseling for relatives of sexual reports from all physicians/surgeon who victims of sexual person driving drunk, under the assault, domestic violence, and child treated or examined the victim. All reports assault, and provide influence, leaving the scene (hit abuse victims; remain confidential. emergency and run), or purposely using a Cosmetic and plastic surgery; Conn. Gen. Stat. §§ 54-204, 54-211. contraception upon request by the vehicle to hurt the victim; Medical-related special needs, such as There are three applications: one for personal victim. medical equipment (wheelchair) and injury (up to $15,000:
American University, Washington College of Law 22 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements A relative* or designated modification to a home or vehicle http://www.jud.ct.gov/webforms/forms/vs008 Conn. Gen. Stat. § decision maker of a homicide (ramp); PI.pdf); one for survivor benefits (up to 19a-112e. victim; Lost wages (does not include going to $25,000: A relative* of a sexual assault, court); and http://www.jud.ct.gov/webforms/forms/vs008 domestic violence, or child abuse Crime scene clean-up (up to $1,000). SB.pdf); one for non-relative child witnesses victim; of domestic violence (up to $2,000 counseling A child who witnesses domestic expenses not covered by insurance: violence and is not related to the If the victim was killed in the incident, his or her http://www.jud.ct.gov/webforms/forms/vs008 victim; survivor may receive up to $25,000 for the W.pdf). A person who paid some or all of following: the funeral expenses for a If an applicant fails to make a claim within 2 homicide victim; years of the crime, a waiver of the time limit Funeral (up to $5,000) to any person can be requested if: A person who paid some or all of who paid some or all of the expenses; the crime scene clean-up; Loss of support for dependents and A person who missed time from legal designated decision makers; the victim failed to make the application because of physical, work to provide care to a Lost wages and mileage emotional, or psychological injuries personal injury victim; and for relatives and legal designated caused by the personal injury or death A person who is blind or has a decision makers to attend criminal (in which case they may file the disability and owned or kept a court proceedings; application within 6 years of the guide or assistance dog that was Counseling for relatives and legal crime); or injured during a crime. designated decision makers; and the applicant is a minor (in which Crime scene clean-up (up to $1,000). case they may file the application Frequently Asked Questions, within 2 years of attaining the age of
http://www.jud.ct.gov/crimevictim/compe majority (18)). A non-relative child witness of domestic nsation.htm. See also Compensation violence may receive up to $2,000 for the Program Benefits, following: http://www.jud.ct.gov/crimevictim/Compe Conn. Gen. Stat. § 54-211. The application nsation_Benefit_Chart.pdf should be accompanied by an Application of Counseling. Waiver of Two-Year Filing Requirement, * A "relative" is defined as a spouse, available at parent, grandparent, stepparent, child, http://www.jud.ct.gov/webforms/forms/vs028. including natural born, adopted, step, Conn. Gen. Stat. § 54-210; Frequently Asked pdf. grandchild, brother, sister, half-brother, Questions, half-sister, or spouse’s parents. http://www.jud.ct.gov/crimevictim/compensatio Completed applications should be mailed, Conn. Gen. Stat. § 54-201(4). n.htm. See also Compensation Program faxed, or e-mailed to: Benefits, To be eligible to receive compensation, an http://www.jud.ct.gov/crimevictim/Compensatio Connecticut Judicial Branch individual must: n_Benefit_Chart.pdf 225 Spring St., Fourth Floor
American University, Washington College of Law 23 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Wethersfield, Ct 06109 Suffers bodily injury or death In addition, an emergency award if up to $2,000 Office of Victim Services resulting from a crime which may be granted in advance of the Office's Telephone (860) 263-2761 or Toll Free 1-888- occurs: (i) within Connecticut, decision on the claim, provided that such 286-7347 regardless of the residency of the amount will be deducted from the final award or Fax: (860) 263-2780 applicant; (ii) outside of repaid to the extent it exceeds the final award. email: Connecticut but within the [[email protected]][email protected][/emai United States, if the victim at the Conn. Gen. Stat. §§ 54-217. l] time of the injury or death, was a resident of Connecticut and the Reasonable attorney's fees not exceeding 15% For more information, go to: state in which the crime occurred of the amount awarded may be paid out of but www.jud.ct.gov/crimevictim. does not have a program for not in addition to an award of compensation. compensation for which the victim is eligible; or (iii) outside Conn. Gen. Stat. §§ 54-206. of the US, if the applicant is a victim of international terrorism and was a resident of the Connecticut at the time of injury or death. Report the crime to the police within 5 days of its occurrence. If the crime could not have been reasonably reported in such period, then it should be reported within 5 days of the time when a report could have reasonably been made. Not have contributed to the criminal incident. Cooperate with police and other law enforcement agencies in their efforts to apprehend and prosecute the offender(s). Not have other sources of payment (insurance, etc.) that cover eligible costs.
Conn. Gen. Stat. § 54-211; Frequently
American University, Washington College of Law 24 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Asked Questions, http://www.jud.ct.gov/crimevictim/compe nsation.htm. Delaware There are no eligibility restrictions based Hospitals and health-care professions shall VCAP shall have the sole jurisdiction over VCAP and the on immigration status or income. provide forensic medical examinations free of awarding compensation for victims and Appeals Board charge to the victims of sexual offenses. Del. secondary victims of crime. The Executive shall maintain Delaware's Victims' Compensation Code Ann., tit. 11, § 9023(c). Director of VCAP (appointed by the Attorney confidentiality of Assistance Program ("VCAP") applies to General) will manage VCAP staff and records in all persons, including nonresidents of The victim of the sexual offense shall not pay supervise the claims review process and accordance with the Delaware, who are victims or secondary any out-of-pocket costs associated with the payment to applicants. Del. Code Ann., tit. 11, Freedom of victims of crimes within the state. Del. forensic medical examination and shall not be § 9005. Information Act. Code Ann., tit. 11, §9021(1). VCAP may required to file an application with the Del. Admin. Code, extend to certain offenses occurring Agency. Del. Code Ann., tit. 11, § 9023(d). VCAP shall determine the award for claims tit. 1, ch. 301, § 12. anywhere in the territorial United States if for less than $12,500, except for emergency the victim's domicile is in Delaware. Del. None of the above will preclude victims of claims, in which case an Appeals Board If the applicant is Code Ann., tit. 11, § 9002(5)(c). VCAP sexual offenses from being able to apply to the member shall be contacted and, if available, dissatisfied with the may further extend coverage VCAP for other costs incurred. Del. Code Ann., shall be part of the determination. VCAP, Agency’s decision, internationally for acts of terrorism tit. 11, § 9023(f). along with one Appeals Board Member, shall they must request committed against a resident of or person determine the award for any claim exceeding a reconsideration of domiciled in Delaware. Del. Code Ann., The cost of the examination shall include $12,500. Del. Code Ann., tit. 11, § 9006. the decision by the tit. 11, § 9002(5)(e). collecting all evidence as called for in the sexual Agency's Executive offense evidence collection kits and may Claims must be filed in the office of VCAP on Director or Appeals A victim is defined as any person who is include, if done as part of the forensic medial official forms within one year of the date of Board within 15 injured or killed by the act of any other exam: the crime, unless an extension is granted. If days after the date person during the commission of a crime. VCAP, in its investigation of a claim, requires the Agency Del. Code Ann., tit. 11, § 9002(12). Pregnancy testing further documentation from the claimant, such decision was Secondary victims are defined as any Cultures for sexually transmitted documentation must be submitted to VCAP no mailed. Del. Code parent, stepparent, grandparent, son, diseases; later than 45 days of the date of VCAP's Ann., tit. 11, § daughter, spouse, sibling, half-sibling, Physician's fees for the collection of request. Del. Admin. Code, tit. 1, ch. 301, § 9012(b). fiancé, caretaker of the victim, any child patient history, physical, collection of 11. who resides on a regular or semi-regular specimens and treatment for the A claimant need not basis with any adult who is the victim of, prevention of venereal disease, All claims filed must be written and should be represented by or convicted of, any crime involving an including one follow up visit; accurately describe the crime and an attorney before act of domestic violence, the parents of a circumstances which brought about the injury, the Appeals Board, Emergency department expenses; victim's spouse or any other person who damage or death. It should also state the time but if they are, the Laboratory expenses. resided in the victim's household at the and place the injury occurred, state the names Appeals Board may time of the crime or at the time of the of the people involved if known, and contain award an amount discovery of the crime. Del. Code Ann., Del. Code Ann., tit. 11, § 9023(b). the amount claimed by the applicant. VCAP for attorney tit. 11, § 9002(11). shall initiate an investigation of the claim services, not to within 30 days of the filing. After the exceed $1,000 or
American University, Washington College of Law 25 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Additional eligibility requirements Claims for reimbursement may be made for any investigation, VCAP will decide whether or 15% of the amount include: actual and necessary pecuniary costs incurred as not to award compensation to the claimant, awarded, whichever a result of a personal injury or death, but does and if an award is made, the amount of that is less. Del. Code The crime must be reported to not include property damage. award. Ann., tit. 11, § law enforcement within 72 hours. Del. Code Ann., tit. 11, § 9012. 9013. An application must be filed with In the case of personal injury, the following VCAP within 1 year of the financial losses may be recovered: The application in English can be found at: When an Appeals crime. http://attorneygeneral.delaware.gov/vcap/files/ Board member has Victims must cooperate with law Medical Expenses, including Application.pdf been involved in enforcement agencies. psychiatric care and mental health the initial The application in Spanish can be found at: determination of a Victims must cooperate with counseling of the victim or secondary http://attorneygeneral.delaware.gov/vcap/files/ claim, that member VCAP staff and provide all victims; ApplicationSpanish.pdf shall be recused information requested. Nonmedical remedial care and from any further The victim must not have caused treatment rendered in accordance with VCAP may arrange for a physical or mental consideration of or contributed to his/her injury or a religious method of healing; health examination of an injured person filing that claim. Del. death. Hospital expenses; a claim, to be performed by a physician or Code Ann., tit. 11, Loss of past or future earnings practitioner selected by VCAP. Fees § 9006. (including, but not limited (VCAP Eligibility Requirements) associated with this examination shall be paid to, reimbursement for vacation, sick directly by the VCAP. Del. Admin. Code, tit. and compensatory time) because of a All losses must be supported by 1, ch. 301, § 13.3. disability resulting from personal documentation prior to compensation injury. being awarded. Where VCAP has made an initial determination and award, a victim or claimant No payments are made for lost, damaged may submit additional requests for or stolen property, or for pain and In the case of death of the victim, the following compensation arising out of the same crime suffering. financial losses may be recovered: within two years of the date of the initial determination by VCAP. Del. Admin. Code, Parent or guardian must apply for Funeral and burial expenses; tit. 1, ch. 301, § 13.5. anyone under the age of 18. Victims who Loss of support to the dependents of are unable to apply due to physical or the victim; mental limitations, or death, should have a Mental health counseling to secondary For more information, contact: personal representative file on their victims. behalf. Victims' Compensation Assistance Program Crimes eligible for compensation 900 North King Street, Suite 4 include: Other actual and necessary costs incurred as a Wilmington, DE 19801 result of the personal injury or death that may be 302-225-1770 Any specific offense set forth in reimbursed include: Del. Code Ann., title 11, ch. 5, containing the characteristics of
American University, Washington College of Law 26 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements murder, rape, unlawful sexual intercourse, unlawful sexual Crime scene clean-up expenses not to penetration or unlawful sexual exceed $1,000; contact, manslaughter, assault, Temporary housing not to exceed kidnapping, arson, burglary, riot, $1,500; robbery, unlawful use of Moving expenses not to exceed $1,000; explosives, unlawful use of Essential personal safety property not firearms, stalking or endangering to exceed $1,500; the welfare of a child. Del. Code Lost wages of parents or others Ann., tit. 11, §§ 9002(5)(a) charged with providing care to a child Any specific offense occurring in victim; another state, possession or Reasonable expenses, other than territory of the United States or counseling of secondary victims where in violation of the United States the victim has been killed, not to Criminal Code, in which a person exceed $1000; whose domicile is in Delaware is a victim, if the offense contains The deductible under a policy of the characteristics of murder, automobile insurance where a motor rape or any other sexual assault vehicle is stolen in connection with a or sexual abuse, manslaughter, crime as defined above; assault, kidnapping, arson, Housing-related expenses, including, burglary, riot, robbery, unlawful but not limited to, mortgage, rent, use of explosives or unlawful use security deposit, or other housing costs of firearms as set forth in Del. and furniture not to exceed 3 times the Code Ann., title 11, ch. 5; victim's monthly prospective housing An act of terrorism, as defined in cost; 18 U.S.C. § 2331, committed Loss of support for victims of violence, outside, or inside, the United not to exceed $3,000, when it is States against a resident or established that (1) the offender was domiciliary of this State; gainfully employed or had other legal Any offense under the Criminal income at the time the crime was Code or the Motor Vehicle Code committed against the victim, (2) the containing as an element the act victim is fully or partially dependent on of driving under the influence of the income of the offender, and (3) the alcohol or any drug or driving victim no longer has the income from with a prohibited blood alcohol the offender; concentration, vehicular Compensation for towing and homicide in any degree, impoundment expenses incurred as a vehicular assault in any degree, direct result of a crime; operation of a motor vehicle
American University, Washington College of Law 27 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements causing death, or leaving the The cost to change locks and replace scene of an accident involving items seized as evidence; personal injury Child care not to exceed deposit plus 2 Any act of domestic violence or months of care by a state-approved or abuse; or licensed day care provider; Any act of human trafficking as Reimbursement for reasonable defined in § 787 of this title. expenses incurred due to attendance at criminal proceedings as a witness for the prosecution. The Agency may arrange for a physical or mental health examination of an injured person filing a claim, to be performed by a Del. Code Ann., tit. 11, §9002(9). physician or practitioner selected by the agency. The physician's fee shall be paid VCAP may only pay crime-related losses not directly by the Agency. Del. Admin. covered by insurance or other sources. No Code, tit. 1, ch. 301, § 13 (13.3). award will exceed $25,000.00. Limits have been set for certain types of losses.
ALL LOSSES MUST BE SUPPORTED BY DOCUMENTATION PRIOR TO COMPENSATION BEING AWARDED.
YOU CANNOT BE PAID FOR LOST, DAMAGED OR STOLEN PROPERTY, OR FOR PAIN AND SUFFERING.
PARENT OR GUARDIAN MUST APPLY FOR ANYONE UNDER THE AGE OF 18. VICTIMS WHO ARE UNABLE TO APPLY DUE TO PHYSICAL OR MENTAL LIMITATIONS, OR DEATH, SHOULD HAVE A PERSONAL REPRESENTATIVE FILE ON THEIR BEHALF.
http://attorneygeneral.delaware.gov/vcap/compe nsation.shtml
American University, Washington College of Law 28 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements District of There are no eligibility restrictions based Compensation is provided for: Applications for compensation are available N/A Columbia on immigration status. at:
A police report must have been filed Medical expenses, including within 7 days of the crime. In cases of ambulance, hospital, surgical, medical, The Crime Victim’s Compensation sexual assault, seeking a sexual assault nursing, dental, optometric, Office located in Room 109 of DC examination from a medical treatment ophthalmologic, chiropractic, podiatric, Superior Court Building A, at 515 5th facility is sufficient. In cases of domestic in-patient mental health and Street, NW (between E and F violence, requesting a civil protection pregnancy-related care; medical, Streets). order is sufficient. In cases of cruelty to dental, hearing, and surgical supplies; http://www.dcappeals.gov/internet/su children, filing a neglect petition in the crutches and prosthetic devices taken, perior/crimevictim/main.jsf Superior Court is sufficient. lost, or destroyed during the
commission of the crime, as well as Victims of crime, and secondary victims new prosthetic devices which became This form must be completed and mailed to, (such as people related to the victim and necessary as a direct result of the crime and further information may be sought from: others), may receive compensation from and training in their use; and out- Crime Victim’s Compensation Office the Crime Victim’s Compensation patient mental health counseling Superior Court Building A Program (CVCP) if the crime occurred in expenses which became necessary as a 515 5th Street, NW, Room 109 DC, the victim is a resident of DC who direct result of the crime; Washington, DC 20001 suffers personal injury or death outside D.C. Code § 4-501 (202) 879-4216 the District of Columbia in a state that As per the Crime Victim’s http://www.dccourts.gov/internet/documents/C does not have a crime victims Compensation Office, testing and VCP_Application_2011.pdf compensation program, or if a DC treatment for STDs is covered if it is resident suffered personal injury as a done through the emergency room as a The form does ask for a Social Security result of a terrorist act or act of mass result of the assault; if performed after number, but it will not be asked for if it is not violence committed outside the U.S.See the assault, would cover what is not filled in. The Crime Victim’s Compensation D.C. Code § 4-501 definition of covered by insurance or, if no Office does not review immigration status. “victim.” The types of crimes include insurance, would cover all costs; arson, assault, negligent homicide, sexual Mental health counseling: up to $3,000 DC Crime Victims Compensation Program: abuse, kidnapping, murder, robbery, for adults, $6,000 for children (also for http://www.dcappeals.gov/internet/superior/cri carjacking, cruelty to children, stalking, secondary victims); mevictim/main.jsf burglary, unauthorized use of explosives, Physical or occupational therapy, or reckless driving, driving under the rehabilitation; influence of alcohol or drugs, and terrorist Lost wages: not to exceed 52 weeks or acts. See D.C. Code § 4-501 for a full $10,000; definition of “crime.” Loss of support to dependents (where People eligible for compensation include victim is deceased and social security victims and secondary victims. is denied): up to $2,500 per dependent, not to exceed $7,500 per victimization;
American University, Washington College of Law 29 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Secondary victims include: a victim’s Funerals: up to $6,000; spouse, children, including biological, Crime scene cleanup: not to exceed step, and adopted, grandchildren, parents, $1,000; stepparents, siblings, half siblings, or Replacement of clothing held as spouse’s parents; person who resides in evidence by law enforcement: not to the victim’s household at the time of the exceed $100 (does not apply where crime or at the time of the discovery of the victim is deceased); crime; person who is a survivor of a Temporary emergency food and victim and who was wholly or partially housing (made necessary as a result of dependent upon the victim for care and the crime): not to exceed 120 days or support at the time of the commission of $400 for food costs and $3,000 for the crime upon which the claim is based, housing costs; including a child of the victim born after Moving expenses: (necessary as a the victim’s death; person who legally result of the crime, where the health assumes the obligation, or who voluntarily and safety of the victim are pays the medical expenses, or in the event jeopardized) up to $1,500, not to of death caused by the crime, funeral and exceed 120 days; burial expenses, incurred as a direct result Transportation costs: to participate in thereof; person with close ties to the the investigation or prosecution of the victim; or person who witnessed the case, or to receive medical treatment or crime.D.C. Code § 4-501 some other service necessary as a result of the crime $100 for local; and $500 Definition of “victim” includes persons for necessary out of state travel to injured while attempting to assist a crime receive services; victim, prevent the commission of a Replacement of doors, windows, locks crime, or apprehend a person suspected of or other items to secure the victim’s committing a crime are also eligible. home: up to $1000;
Reimbursement for rental of an Definition of “victim” also includes who automobile while the victim’s car is suffers injury or death as a result of being held as evidence by law another person speeding and driving enforcement: up to $2000; recklessly, fleeing from the scene of an Attorney’s fees: to assist in the appeal accident, or driving under the influence of of a determination only; not to exceed liquor or drugs.D.C. Code § 4- $500 or 10 percent of award, 501 Eligibility requirements include: whichever is less; and The crime must be reported to law enforcement within seven days of Emergency award: not to exceed occurrence, with the exception of sexual $1,000. assaults in certain cases. http://www.dcappeals.gov/internet/sup erior/crimevictim/compcosts.jsf
American University, Washington College of Law 30 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements A claim for compensation must be (from the main page navigate to filed within 1 year after the crime or one "Crime Victims Compensation year after learning of the CVCP with an Program" and then to "Compensable adequate showing that the delay in Costs") learning of the Program was reasonable. The award cannot unjustly enrich the offender. D.C. Code § 4-506. Total compensation cannot exceed $25,000 per victimization. D.C. Code § 4-507
Only the services described above are compensable. Pain and suffering and property damaged or stolen as a result of the crime are not compensable under the CVCP. D.C. Code § 4-501 (describing what economic loss does not include)
Other benefits available to the victim, such as health, life, disability, liability, or fire and casualty insurance, Medicaid, Medicare, wage continuation programs offered by employers are deducted from the amounts payable by the CVCP. D.C. Code § 4-507 see D.C. Code § 4-501 for a definition of “collateral sources”
For more information on Medicaid and other programs, See Pre-Natal Care for Qualified and Non-Qualified Aliens Chart. Florida There are no eligibility restrictions based A schedule of benefits for claims can be found Additional information regarding victim rights Any record or on immigration status. at Fla. Admin. Code Ann. § 2A-2.002(7)(k) and the application process can be found on report obtained by (2016) and includes the following: the FL Attorney General's website: the department or A crime must have been committed that hearing officer that directly results in personal injury to, wage loss up to $15,000; English http://myfloridalegal.com/victims is confidential shall psychiatric or psychological injury to, or loss of support up to $25,000; Español http://www.myfloridalegal.com/page not be publicly death of, the victim or intervenor and was disability up to $15,000; s.nsf/0/90514096788F88C085256CC50075AC disclosed. promptly reported to the authorities. F7?Open&LN=SP Fla. Stat. § 960.15 catastrophic disability up to $50,000; Fla. Stat. § 960.13(1)(a) (2016). (2016). crime scene clean-up up to $1,500;
American University, Washington College of Law 31 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements medical or dental treatment up to Victim advocates are available to assist with The crime must be reported to law $10,000; the application process: enforcement within three days (72 hours) mental health treatment for victim or after it happened, unless there is good witnesses; Toll Free Number: 1-800-226-6667 reason for reporting it later. The victim or grief counseling up to $10,000; In addition, victims may also contact applicant must cooperate fully with the funeral/burial up to $7,500; the Division of Victim Services at (850) 414- state attorney, all law enforcement property loss for elderly or disabled 3300. agencies, and the department. victims up to $500 on any one claim Fla. Stat. § 960.13(1)(b) (2016). and a lifetime maximum of $1,000 Fla. The person seeking compensation must Stat. § 960.13(1)(a) (2016); complete an application and submit it within 1 Awards are granted on an "actual need" domestic violence relocation up to year of the crime date or, upon showing good basis and must be considered payment of $1,500 (two increments up to $750 cause, within 2 years. last resort following all other sources, each); Fla. Stat. § 960.07(2) (2016). including health and accident insurances, sexual battery relocation up to $1,500 workers' compensation, etc. Minors must submit within 1 year after (two increments up to $750 each); Fla. Stat. § 960.13(2)-(3) (2016). reaching majority, or within 2 years upon human trafficking relocation up to showing good cause. $1,500 (two increments up to $750 The claim must be filed within one year of Fla. Stat. § 960.07(3) (2016). each); the crime, up to two years if there is good and sexual battery forensic reason for not filing the claim. Exceptions The application must include a completed and examinations up to $500. are made for minor children. signed application (available at Fla. Stat. § 960.07(2) (2016). http://myfloridalegal.com/webfiles.nsf/WF/R MAS- The victim must not have contributed to Total benefits paid on a single claim cannot 9P7GFD/$file/VictimCompClaimFormEng.pd the circumstances that caused the crime, exceed $15,000 when the victim is not deceased f), a law enforcement offense report injury, or death. or catastrophically injured, $25,000 when the documenting proof of a compensable crime, Fla. Stat. § 960.065(2)(a) (2016). victim is deceased, or $50,000 when the victim proof of crime-related expenses, proof of any has sustained a catastrophic injury. third-party payments (e.g., insurance, The victim was not engaged in an Fla. Admin. Code Ann. § 2A-2.002(7)(l) (2016). restitution, judgments, or settlements), and as unlawful activity at the time of the crime, needed, additional forms for wage loss, unless the victim was engaged in Benefits are limited to $10,000 for treatment disability verification, or non-compliance prostitution as a result of being a victim of and $25,000 for compensable costs, but if there explanations (all are available at human trafficking. is catastrophic injury, costs may still be covered http://myfloridalegal.com/pages.nsf/main/a13e Fla. Stat. § 960.065(2)(b) (2016). up to $50,000. 1518920d0de685256cc6004bd490!OpenDocu Fla. Stat. Ann. § 960.13(9)(a) (2016). ment). Victim who is 60 years or older or a disabled adult who suffers a loss of Emergency funding up to $1,000 may also be For relocation benefits, certification by a tangible personal property as a result of a available if an award is likely to be made and certified domestic violence shelter or rape criminal or delinquent act may receive a the claimant receives Social Security or undue crisis center as applicable is also required. property loss reimbursement.
American University, Washington College of Law 32 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Fla. Stat. § 960.195 (2016). hardship will result. Claims may be filed in person, by mail, by fax, Fla. Stat. Ann. § 960.12 (2016). or by email: Victims who need immediate assistance to escape from a domestic violence Payment for an initial forensic physical Email: [[email protected] environment, are victims of sexual examination is covered up to $500 for victims of ][email protected][/email] battery, or are victims of human sexual battery or a lewd or lascivious offense, Fax: 850-414-5779 or 850-414-6197 trafficking may receive financial regardless of whether victim is covered by Mail or In-Person: assistance to relocate. insurance or whether the victim chooses to Bureau of Victim Compensation Fla. Stat. § 960.196, 960.198, participate with law enforcement or testify. The Capital, PL-01 960.199 (2016). Fla. Stat. § 960.28 (2016). Tallahassee, FL 32399-1050
Criminal history record check will be If a claim is denied, an applicant may request a performed through the Florida Crime hearing within 60 days after notice of the Information Center for all victims and denial. The claim is then referred to a hearing claimants. Persons who have been officer designated by Florida's Attorney adjudicated as an habitual felony offender, General. habitual violent offender, or violent career Fla. Stat. § 960.09 (2016). criminals, and persons who have been adjudicated guilty of a forcible felony offense are not eligible to receive benefits. Fla. Stat. § 960.065(2)(d)-(e) (2016).
Emergency awards up to $1,000 may be requested if it appears to CVSO that an award probably will be made, and that either the claimant is a recipient of benefits under the federal Social Security Act or undue hardship will result. Fla. Stat. § 960.12 (2016). Georgia There are no limitations based on Categorical caps for covered expenses include: GA offers an Advocate Service Program that The claimant may, immigration status, residency, or provides support and advocacy for crime within 30 days nationality. Lost Wages - up to $10,000 victims and technical assistance to victim after denial of Ga. Code Ann. § 17-15-7(b)(1) (2016) Medical/Dental Expenses - up to advocates and victim service providers. The a claim, make an $15,000 primary focus of this service is to assist application to the Eligibility to qualify for victims Counseling Expenses - up to $3,000 victims with completing the Georgia Crime director for review compensation requires: Victims Compensation Program application, of the decision. Financial Hardship or Loss of Support gathering the necessary supporting Ga. Code Ann. § - up to $10,000 documentation to submit with an application, 17-15-6 (2016) Claimant is a person who (1) is Crime Scene Sanitization - up to obtaining police reports, and assisting victims injured physically, who dies, or $1,500 in appealing claims that have been denied
American University, Washington College of Law 33 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements suffers financial hardship as a Funeral Expenses - up to $6,000 for within the 30 day appeal deadline. In addition, result of being injured physically crimes occurring on or after May 6, the Advocacy Service Program provides as a directed result of a crime; (2) 2015 and up to $3,000 for crimes that community resource information and referrals suffers a serious mental or occurred prior to May 6, 2015 to programs for services offered at the state emotional trauma as a result of and local level. being threatened with a crime Ga. Code Ann. § 17-15-8(c)(2) (2016) https://cjcc.georgia.gov/advocate-service which would result in physical injury or death; (3) suffers a If you need referral sources or assistance with Forensic Medical Examination and serious mental or emotional completing your application, please call 800- Related Medical Costs - up to $1,000 trauma as a result of being 547-0060, or per victim, per victimization (the present during or witnessing the email [[email protected]]victim maximum allowable costs for commission of a crime; (4) [email protected][/email] for additional medications is $250) suffers a serious mental or assistance. emotional trauma as a result of being trafficked for labor GA CVCP Forensic Medical Examination Bilingual Services are also offered to assist servitude or sexual servitude; (5) Policy with translation of the CVCP application and is a dependent spouse, parent, Ga. Code Ann. § 17-15-15 (2016) correspondence from English to Spanish or step-parent, child, or step-child from Spanish to English. of a person who is injured The maximum program amount is $25,000 per https://cjcc.georgia.gov/bilingual-services physically, who dies, or who victim. suffers financial hardship as a Ga. Code Ann. § 17-15-8(c)(1) (2016) Claims can be filed in the office of the board result of being injured physically in person or by mail. as a direct result of a crime; (6) For the purpose of coverage, a crime is defined any member of the immediate as: The claim will be verified and must contain family of a victim of homicide by the following: vehicle; (7) goes to the aid of Hit and run; (1) A description of the date, nature, and another and suffers physical Homicide by vehicle; circumstances of the crime; injury, serious mental or Serious injury by vehicle; (2) A complete financial statement, including, emotional trauma, or death as a Human trafficking; but not limited to, the cost of medical care or direct result of acting to prevent a Cruelty to children; burial expense, the loss of wages or support crime or aid a victim or assist Sexual offenses; the claimant has incurred or will incur, any law enforcement at the officer's Sexual exploitation of children; other emergency expenses incurred by the request; (8) is a victim of family claimant, and the extent to which the claimant Aggravated assault with the intent to violence; or (9) who is not a has been or may be indemnified for these rape; direct service provider and who expenses from any source; An offense that has as an element of assumes the cost of an eligible (3) When appropriate, a statement indicating the use, attempted use, or threatened expense of a victim regardless of the extent of a victim's disability resulting use of physical force against the person relationship or dependency to the from the injury or serious mental or emotional or property of another; victim. trauma incurred; (4) An authorization permitting the board to
American University, Washington College of Law 34 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Ga. Code Ann. § 17-15-7(a) (2016) Any other offense that is a felony and verify the contents of the application; and that, by its nature, involves a (5) Such other information as the board may The crime took place within the substantial risk that physical force require. state of Georgia, or in the against the person or property of Ga. Code Ann. § 17-15-5 (2016) alternative, the claimant is a another may be used in the course of resident of Georgia and the crime committing the offense; A claim, once accepted for filing, will be took place in a state which does An act which constitutes international assigned to an investigator. The investigator not have a victims' compensation terrorism against a resident of this state will examine the papers filed in support of the program or compensates less when such resident was outside the claim and cause an investigation to be than what the claimant would be territorial boundaries of the United conducted into the validity of the claim. All entitled under the Georgia States when such act was committed; claims arising from the death of an individual statutes. or as a direct result of a crime shall be considered An act of mass violence involving a together by a single investigator. Claims shall be investigated and determined regardless of Ga. Code Ann. § 17-15-2 (2016) resident of this state when such resident was outside the territorial whether a perpetrator has been apprehended, boundaries of the United States when prosecuted, or convicted of any crime based Claimant is in no way criminally such act was committed. upon the same incident or whether the alleged responsible for the crime on perpetrator has been acquitted or found not which the claim is based nor was guilty of the crime in question. an accomplice. Ga. Code Ann. § 17-15-2 (2016) Victims of sexual assault in the State of Georgia Ga. Code Ann. § 17-15-6 (2016) may request, at no cost to the victim, a forensic Ga. Code Ann. § 17-15-7(e) (2016) medical examination for sexual assault, regardless of whether the victim participates in The victim/witness reported the the criminal justice system or cooperates with crime to the proper authorities law enforcement. All expenses relating to a within 72 hours of the crime, forensic medical examination (i.e., lab work, unless good cause is emergency room fees, physician’s fees, all shown. There are exceptions for clinical fees associated with the exam, sexually minors and victims of sexual transmitted infections (STIs) testing, assault. etc.). Neither the victim nor any collateral sources, (e.g., insurance), may be billed for a Ga. Code Ann. § 17-15-8(a)(3) forensic medical examination. (2016) Ga. Code Ann. § 17-5-72 (2016) https://cjcc.georgia.gov/forensic-medical- The claim is filed within 3 years examinations-0 of the crime or death of the victim, unless good cause is The GA CVCP maintains a Forensic Medical Examination Fee Schedule that lists the variety of specific services a provider may bill directly to the CVCP for, including the medical
American University, Washington College of Law 35 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements shown. There are exceptions for examination, lab results for rape kits, pregnancy minors. testing, urinalysis, STD/STI testing, and medications (including, but not limited to, oral Ga. Code Ann. § 17-15-5 (2016) contraceptives including Plan B, pain medication, tetanus and hepatitis vaccinations, antibiotics, and follow-up examinations). Claimant is not confined in any GA FME Fee Schedule correctional facility.
While the sexual assault must have taken place Ga. Code Ann. § 17-15-7(c) (2016) in the state of Georgia, the CVCP will pay for exams performed in another state as long as the The claimant has pursued provider or facility performing the exam meets restitution rights against any the CVCP criteria. person who committed the crime GA CVCP Forensic Medical Examination unless the board or director Policy determines that such action would not be feasible. The cost (up to $1,000) of only two forensic medical examinations per year, per sexual Ga. Code Ann. § 17-15-8(a)(4) assault victim, will be considered a reasonable (2016) cost. If more than two requests are submitted per year, per victim, the third claim will be submitted to the CVCP Board for consideration. No award of any kind will be GA CVCP Forensic Medical Examination made for the loss of property. Policy
Ga. Code Ann. § 17-15-7(g) (2016) Separately, the victim may apply to the CVCP to be considered for other eligible expenses (i.e., medial, mental health counseling, funeral, crime-scene clean-up or lost wages/loss of support). Guam Any person who is injured or killed by an Compensation is provided for: An application for compensation must be filed act or omission of any other person with the Commission within 18 months after committing the above-referenced crimes, expenses actually and reasonably the date of injury, death or property damage. any person responsible for the incurred as a result of the injury or Guam Code Ann. tit. 8, § 161.90(a). maintenance of a victim, the dependents death of the victim (including but not of a deceased victim, or a deceased limited to medical, dental, hospital, Victims should send the completed application victim's parents or adult children of who funeral, counseling, physical to: have incurred covered expenses are rehabilitation, and transportation); Office of the Attorney General eligible for an award from the Criminal Injuries Compensation Commission Commission. There are no restrictions 590 S. Marine Corps Dr., Suite 706
American University, Washington College of Law 36 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements based on immigrant status. loss to the victim of earning power as a Tamuning, Guam 96913 Guam Code Ann. tit. 8, § 161.50(a). result of total or partial incapacity; Phone: (671)475-2587 or (671)475-3324 pecuniary loss to the dependents of the Fax: (671)475-3354 The Commission may take into deceased victim; E-mail: consideration whether the victim bears pain and suffering; and [[email protected]][email protected][/e any responsibility for the crime that any other pecuniary loss directly result mail] caused the injury or death, and can reduce from the injury or death of the victim Website: www.guamag.org compensation accordingly. which the Commission determines to Guam Code Ann. tit. 8, § 161.55(c). be reasonable and proper. Application is available online at: http://www.guamag.org/cicc/CICC%20Applic The crime must be reported "without ation%20Final%20Fillable%2010.14.15.pdf. Guam Code Ann. tit. 8, § 161.60. undue delay." This application may be completed on-line.
Guam Code Ann. tit. 8, § 161.55(d). Compensation for medical expenses may be To be complete, an application must include: awarded in amounts up to $20,000; Residents of Guam who are victims of compensation for all other purposes may be crime outside of Guam are entitled to awarded in amounts up to $10,000. all supporting documentation compensation if the jurisdiction in which Guam Code Ann. tit. 8, § 161.90. including original or certified copies the crime occurred has no applicable of medical billings, receipts, or crime victim's compensation law. The Commission may award reasonable certified copies thereof; Guam Code Ann. tit. 8, § 161.55(f) attorney's fees, which if the award is greater all supporting documentation of loss
than $1,000, shall not exceed 15% of the award. of income; Any person who incurs injury or property Guam Code Ann. tit. 8, § 161.40(a). all evidence of pecuniary loss, pain damage trying to prevent a crime within and suffering, and loss relating to the Guam, apprehending a person who Only expenses not fully covered by victim's maintenance of a victim; committed a crime within Guam, or resources (private health insurance, Medicare, if applicant is a dependent, parent, or materially assisting a peace officer (other Medicaid, etc.) will be considered for payment. relative, documentation proving the than a peace officer) is also eligible for Criminal Injuries Compensation Commission, relationship between the victim and compensation. Form A, applicant; Guam Code Ann. tit. 8, § 161.75. http://www.guamag.org/cicc/CICC%20Applicat proof of billings or payments made
ion%20Final%20Fillable%2010.14.15.pdf. related to funeral costs and expenses; Criminal Injuries Compensation and Commission Operational Rules and Regulations, Section 301, and Form A, evidence of collateral compensation indicate that a claimant must be a deductions from any source (such as "resident of Guam" as defined in Guam insurance coverages) other than life Code Ann. tit. 3, § 9123 (which includes, insurance of victim, which is exempt inter alia, a 30-day residency from deduction. requirement). Criminal Injuries Compensation Commission, Operational Rules and Regulations, Section
American University, Washington College of Law 37 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements 402.
The Commission will hold an informal hearing on the claim, where the applicant and any witnesses will testify. (The Committee can also hire an Administrative Law Judge to conduct hearings and recommend that a claim be approved or denied.) The burden of proof is on the applicant to prove his application by clear and convincing evidence. The Commission will render a decision within 120 days from a final hearing (or 60 days from receiving an ALJ recommendation), unless good cause is shown and the claimant is notified of the delay, which may not exceed an additional 60 days. Criminal Injuries Compensation Commission, Operational Rules and Regulations, Sections 501 and 601.
The Commission may, on its own motion or upon application of any person who disagrees with an order/decision of the Commission, reconsider the order/decision and revoke, confirm and verify it, based on the findings of the Commission. Any person adversely affected by the order/decision of the Commission on the sole ground that the order or decision was in excess of the Commission’s authority or jurisdiction, shall have a right of appeal to the Superior Court, if the appeal is filed with the Commission within 30 days after receiving such order/decision. Otherwise, orders/decisions of the Commission shall be conclusive and not subject to judicial review. Guam Code Ann. tit. 8, §161.45. Hawaii There are no requirements relating to The Commission may provide compensation for The application form is available here: An additional immigration status. the following otherwise unreimbursed expenses: http://dps.hawaii.gov/cvcc/files/2013/01/Appli appeal of the cation-Only.pdf Commission's Claims may be made for bodily injury or decision is
American University, Washington College of Law 38 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements death directly resulting from the following The following must also be submitted along available, but must eligible criminal acts that occurred in the medical and mental health counseling with the original, signed application: be made to the criminal jurisdiction of Hawaii: (Haw. Admin. Rules §23-605-8, §23- Circuit Court of the murder, manslaughter, homicide, 605-9, §23-605-10 (2001)) For medical or mental health claims, victim’s county of negligent injury, assault, sexual assault, lost earnings or support (Haw. Admin. an original signed Authorization to residence within 30 kidnapping, abuse of a family or Rules §23-605-12, §23-605-13 (2001)) Release Medical/Mental Health days of the mailing household member, or international funeral and burial expenses (Haw. Treatment Information Form for each date of the terrorism. Admin. Rules §23-605-11 (2001)) treatment provider Commission’s Haw. Code R. §351-32 (2016) decision and order. pecurniary (monetary) loss (Haw. The sole ground for Admin. Rules §23-605-14 (2001)) http://dps.hawaii.gov/cvcc/files/2013/ A claimant may be the victim of the crime such an appeal is property damage (for "Good 01/Medical-Authorization.pdf that has suffered injury, any person that the Samaritans" only) responsible for the maintenance of a Commission victim that has suffered an injury, Proof to substantiate the claim (bills, exceeded its dependents of a deceased victim, or any Haw. Code R. §351-33 (2016) receipts, insurance statements, and jurisdiction or person who has incurred expenses as a medical records) authority. result of a victim's death. The total award amount is administratively If there is a claim for lost wages, the Haw. Code R. Haw. Code R. §351-31(a) (2016) limited to $8,000 but by statute cannot exceed Authorization to Release §351-17 (2016) $10,000. In cases with catastrophic medical, the Employment Information Form http://dps.hawaii.go Claims may also be filed injury or award is administratively limited to $16,000 but v/cvcc/apply-for- property damage incurred by a private by statute cannot exceed $20,000 in medical http://dps.hawaii.gov/cvcc/files/2013/ compensation/ citizen (or person responsible for the expenses only. 01/Lost-Earnings.pdf maintenance of that private citizen) in Medical expenses related to the crime may preventing the commission of a crime Submit proof to substantiate your within the state, in apprehending a person include hospitalization, home nursing care, plastic surgery, air and ground ambulance claim for lost wages (pay stubs, that has committed a crime within the Income Tax returns if self-employed, state, or in materially assisting a peace service, prescription drugs, prescription glasses or contacts, dentures or prosthetics, and a medical disability certificate) to officer in preventing a crime or the Commission. apprehending a criminal. nontraditional medical treatment (i.e., massage Haw. Code R. §351-51 (2016) therapy, acupuncture, cultural, or traditional-
based healing Haw. Admin. Rules §23-605-2 The commission may appoint an impartial Residents of Hawaii may also apply for (2001)), physical therapy, emergency room licensed physician or licensed psychologist to compensation for the above criminal acts treatment, outpatient physicians care, examine any person making application under that occur in a different (if compensation modification to home or vehicle due to this chapter, and the fees for the examination is not available to them under that state's disability, naturopathic treatment, or other shall be paid from funds appropriated for laws) or for compensation for acts of appropriate medical care. expenses of administration. terrorism that occur anywhere globally. Haw. Admin. Rules §23-605-9 (2001) Haw. Code R. §351-15 (2016) Haw. Code R. §351-31(a) (2016)
Once an application is submitted, the Awards may be reduced or denied if the
American University, Washington College of Law 39 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements victim bears any share of the Commission staff will subpoena the police responsibility for the crime. report and determine if the claim is eligible. A Haw. Code R. §351-31(c) (2016) written administrative decision and order either awarding or denying compensation will In order to be eligible, the crime must be issued. An initial appeal of the have been reported to law enforcement Commission’s administrative decision may be officials within 72 hours and the made in writing within 60 days of the mailing application for compensation must be date of the administrative decision and order. submitted to the Commission within 18 The Commission will then set a hearing where months of the crime date (exceptions may claimant will have an opportunity to tell the be made when good cause is shown). Commission why he or she disagrees with the Haw. Admin. Rules §23-605-2 (2001) decision and to present additional documentation. The Commission will make a The Commission is a payor of last resort decision and provide written notification of the and may pay compensation only after all decision. other sources have been exhausted. http://dps.hawaii.gov/cvcc/apply-for- http://dps.hawaii.gov/cvcc/benefits/ compensation/ Idaho There are no limitations based upon Any compensation from the Idaho CVCP will Applications are available here in English: Within twenty (20) immigration status. be reduced or denied to the extent the costs https://crimevictimcomp.idaho.gov/forms/cv_c days of the date an related to the claim can be recouped from vcp_app_2012.pdf award or order is A victim is defined as a person who collateral sources. issued by the suffers injury or death as a result of: Idaho Code § 72-1016(5) (2016) Applications are available here in Spanish: Commission, a Victims should not be charged for the cost of a https://crimevictimcomp.idaho.gov/forms/cv_c claimant may file a criminally injurious conduct; post-sexual assault forensic examination. vcp_spanish_app_2012.pdf request that the a good faith effort to prevent https://crimevictimcomp.idaho.gov/sae.html Commission criminally injurious conduct; or Complete all pages of the application, reconsider the a good faith effort to apprehend a Injuries for which medical treatment and especially the signature page. award or order. person reasonably suspected of medicine may be covered by CVCP include, File separate applications for each engaging in criminally injurious with respect to a victim, pregnancy and venereal victim seeking benefits. Additionally, conduct. disease. Be specific regarding the details of within forty-five Idaho Code § 72-1003(7) (2016) the crime. Include the date or time (45) days from the period of the crime, city or county date of any award Idaho Code § 72-1003(8) (2016) Approved payments may be made for or order is where the crime occurred, the law reasonable expenses which are the direct result enforcement agency investigating the issued by the A claimant for Idaho's CVCP of the crime, including: Commission, a compensation can be a victim, dependent crime and a detailed description of the crime. claimant may file a of a deceased victim, or authorized person Request for Physician and hospital services, Provide a list of other sources of acting on behalf of a victim. Hearing before the medicine, mental health counseling and benefits available to the victim that Idaho Code § 72-1003(1) (2016) Commissioners. care (mental health treatment not to may cover expenses for their injuries
American University, Washington College of Law 40 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Claimant may not be the offender or an exceed $2,500), and other approved (i.e. Blue Cross, Medicaid, worker’s Requests for accomplice of the offender. treatments (Idaho Code § 72- compensation). Be sure to include reconsideration or Idaho Code § 72-1016(2) (2016) 1019(2)&(5)(b) (2016)) insurance carrier information and for a Hearing will Mental health treatment for family policy numbers. be considered filed Claimant may not be imprisoned or members of a victim (up to $500 per Provide a list of treatment/service the date they are residing in any other public institution. person, $1,500 for the family) (Idaho providers. Be sure to include names received by the Idaho Code § 72-1016(6) (2016) Code § 72-1019(9) (2016)) and addresses. Commission's Wage loss (up to $175/week for Payments for services are based on office in Boise. The crime must be reported to law employed claimants and up to rates established in the Worker’s enforcement within seventy-two (72) $150/week for unemployed, but Compensation Medical Fee Schedule. Idaho Admin. Code hours after its occurrence, unless good otherwise employable claimants) Providers are prohibited from r. 17.05.01.011.05 cause can be shown. (Idaho Code § 72-1019(1)&(7) (2016)) collecting any unpaid portion of a bill (2015) Idaho Code § 72-1016(3) (2016) Dependent death benefits (up to from the victim or claimant, unless $175/week if the deceased was the program is unable to make the full Claimant must fully cooperate with law employed and up to $150/week if the allowable payment based on enforcement in the apprehension and deceased was unemployed, but was applicable laws and rules. prosecution of the offender. otherwise employable) (Idaho Code § Idaho Code § 72-1016(4) (2016) 72-1019(3)&(7) (2016)) Funeral expenses (burial, cremation, MAIL COMPLETED APPLICATION TO: The claim must be filed with the and transportation of the body up to CRIME VICTIMS COMPENSATION commission within one (1) year after the $5,000) (Idaho Code § 72-1019(4) PROGRAM day the injury or death upon which the (2016) P.O. BOX 83720 BOISE, ID 83720-0041 claim is based occurred. Exceptions may Certain travel expenses incurred in be made if good cause is shown. connection with obtaining covered If you need help or would like a brochure, Idaho Code § 72-1016(1) (2016) benefits (Idaho Code § 72-1019(10) please call (208) 334-6080 or (800) 950-2110 (2016) and Idaho Admin. Code r. x-6080 17.05.01.011.14 (2015) Fax: 208-332-7559 Visit the website: https://crimevictimcomp.idaho.gov/benefits.htm http://www.crimevictimcomp.idaho.gov/ l
Qualifying medical service may include: medical, surgical, dental, mental health or other attendance or treatment, nurse and hospital service, medicine, apparatus, appliance, prostheses, and related service, facility, equipment, and supply. Idaho Admin. Code r. 17.05.01.010.05(e) (2015)
Any payments made to a victim or all of the
American University, Washington College of Law 41 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements victim's dependents in the case of a victim's death may not exceed $25,000 for an incident involving the same offender and occurring within a six (6) month period. Idaho Code § 72-1016(5)(a) (2016)
Award may be reduced proportionate to the amount the commission finds the claimant contributed to the injury or death. Idaho Code § 72-1016(7)(a) (2016)
Compensation otherwise payable to a claimant will be reduced by fifty percent (50%) if the claimant was engaged in a felony or in violation of other relevant Idaho Code at the time the crime occurred. Idaho Code § 72-1016(7)(b) (2016)
Compensation benefits are not available for pain and suffering or property damage. Idaho Code § 72-1016(6) (2016) Illinois There are no eligibility requirements Compensation under CVCP is an award of last Information regarding applying for CVCP If an applicant has based upon immigration status. An Illinois resort and applicants must show that all other compensation can be found on the Attorney been denied court has ruled that proof of citizenship or benefits reasonably available have been General's website compensation or legal alien status is not required. exhausted. at: http://www.ag.state.il.us/victims/cvc.html has been awarded However, if an Illinois resident makes a 740 Ill. Comp. Stat. § 45/10.1(g). what is believed to claim for injuries occurring elsewhere, Applications and instructions in English can be be less than is citizenship could be relevant. Pecuniary losses that may be covered up to a downloaded here: deserved, the See Hernandez v. Fahner. 481 N.E.2d maximum of $27,000 include: http://www.ag.state.il.us/victims/CV_Applicati applicant may 1004 (Ill. App. Ct. 1985). on2013.pdf petition the Court appropriate medical expenses and of Claims for a A victim entitled to compensation is a hospital expenses including medical Las instrucciones y la aplicación en español hearing within 30 person killed or injured in the state of examinations, están disponibles aquí: days of when the Illinois as a result of a crime of violence appropriate psychiatric care or http://www.ag.state.il.us/victims/CVCApplicat compensation order perpetrated or attempted against him or counseling, ionInstructions_spanish1222013.pdf was issued. her. This also includes the spouse or transportation expenses to and from 740 Ill. Comp. Stat. parent of a person killed or injured, a medical and counseling treatment Instrukcje i aplikacji w języku polskim § 45/13.1(a)(3). person killed or injured while attempting facilities, dostępne są tutaj: to assist a person against whom a crime of http://www.ag.state.il.us/victims/CV_Applicati violence is being perpetrated or attempted, on_Polish_13.pdf
American University, Washington College of Law 42 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements or a person killed or injured while prosthetics or eye glasses or hearing assisting a law enforcement official aids necessary or damaged as a result At a minimum, the CVCP requires an apprehend a person who has perpetrated a of the crime, application include: crime of violence at the express request of costs associated with the removal the law enforcement official, or any trafficking tattoos, the name and address of the victim; person who personally witnessed a violent replacement clothing and bedding used if the victim is dead, the name and crime. as evidence, addresses of all applicants and their 740 Ill. Comp. Stat. § 45/2(d). costs associated with temporary relationship to the victim; lodging or relocation, the date and nature of the underlying An applicant for compensation under the crime scene clean-up, crime; CVCP may be any person entitled to replacement services loss (to a the date that notice was given to law compensation as a victim listed above or maximum of $1,250 per month), enforcement, where the notice was their guardian if the victim is a minor or dependents replacement services loss given, and the names of the officials person with a disability. It also includes (to a maximum of $1,250 per month), to whom notice was given; any person who was a dependent of a loss of tuition paid, the nature and extent of injuries deceased victim of a crime of violence for loss of earnings or future earning sustained by the victim; his or her support at the time of the death because of disability or death (to a of that victim. the actual pecuniary losses to the maximum of $1,250 per month), 740 Ill. Comp. Stat. § 45/2(a). applicant as a result; and and costs relating to funeral, burial, and the amount of any benefits, payments, Eligible dependents includes a relative of travel and transport for survivors of or awards paid. a deceased victim who was wholly or homicide victims to secure and partially dependent upon the victim's transport bodies (not to exceed $7,500). 740 Ill. Comp. Stat. § 45/7.1. income at the time of his or her death and includes any child of a victim born after 740 Ill. Comp. Stat. § 45/2(h) & 45/10.1(f). Assistance completing applications or referral his or her death. "Relative" is defined as a services are available by contacting the Office spouse, parent, grandparent, step-parent, Pecuniary loss does not include pain and of the Illinois Attorney General at 1-800-228- child, grandchild, brother, brother-in-law, suffering or property loss or damage. 3368 (Voice), 1-877-398-1130 (TTY). sister, sister-in-law, half brother or sister, 740 Ill. Comp. Stat. § 45/2(h). spouse's parent, nephew, niece, uncle, or aunt. Emergency compensation is available up to Completed applications should be mailed to: 740 Ill. Comp. Stat. § 45/2. $2,000 if it appears that compensation is probable and undue hardship will result to the Office of the Illinois Attorney General In most cases, the crime must have been applicant if immediate payment is not made. Crime Victims Compensation Bureau reported within 72 hours of the crime, and 740 Ill. Comp. Stat. § 45/10.2(a). 100 West Randolph Street, 13th Floor the victim must cooperate with law Chicago, IL 60601 enforcement personnel. However, sex In addition to the crime victims’ compensation crimes have a 7-day reporting period. An program, the Sexual Assault Survivors applicant will be considered to have Emergency Treatment Act ("SASETA") complied with the law if s/he has obtained specifically addresses the need for medical care
American University, Washington College of Law 43 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements an order of protection, obtained a no following sexual assault. Under SASETA, contact order, or "presented himself or victims can obtain: medical examinations and herself to a hospital for sexual assault tests; information on STDs; tests for STDs; evidence collection and medical care." "appropriate medication," including HIV 740 Ill. Comp. Stat. § 45/26.1(b), (b-1), & prophylaxis; and counseling. (c) 410 Ill. Comp. Stat. § 70.
The applicant may not be the offender or For services provided under SASETA, if the an accomplice of the offender. victim is not eligible to receive the services 740 Ill. Comp. Stat. § 45/26.1(d) under the Illinois Public Aid Code or through insurance, the The injury to or death of the victim can provider must furnish services without charge. not be substantially attributable to the The provider will be reimbursed by the state of victim's own wrongful act and was not Illinois. 410 Ill. Comp. Stat. § 70/7 substantially provoked by the victim. 740 Ill. Comp. Stat. § 45/26.1(e) Under SASETA, sexual assault victims can obtain "appropriate medication," including An application for compensation must be emergency contraception. made within 2 years of the occurrence of 410 Ill. Comp. Stat. §§ 70/5, 70/5.5 the crime, or within one year after a criminal charge of a person for an offense, Finally, hospitals are required to provide upon which the claim is based. If the information on emergency contraception to person entitled to compensation is under victims of sexual assault. the age of 18 or under another legal 410 Ill. Comp. Stat. § 70/2.2. disability, s/he may file an application within 2 years after turning the age of 18 or the disability is removed. Legal disability includes a diagnosis of post- traumatic stress disorder. 740 Ill. Comp. Stat. § 45/26.1(a)
No compensation will be granted to an applicant that is being held in a correctional institution. 740 Ill. Comp. Stat. § 45/2.5 Indiana There are no known eligibility Indiana law provides that prophylactic Online applications are available here: A claimant's requirements based on immigration status. medication related to pregnancy, pregnancy https://vcc.cji.in.gov/Public/Home.aspx personal testing, or sexually transmitted disease testing information and Indiana Code defines a violent crime as a may be provided, but it is not clear whether this Paper application can be printed in English medical records are felony or Class A misdemeanor that includes coverage for emergency contraception. from here: confidential.
American University, Washington College of Law 44 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements results in bodily injury or death to the 203 Ind. Admin. Code § 1-2-3 (2015); Ind. http://www.in.gov/cji/2333.htm Ind. Code § 5-2- victim. Persons eligible for assistance Code. § 16-21-8-1 (2015). 6.1-11.5 (2015). from this fund include: Las aplicaciones de papel en español están The law explicitly states that a hospital is not disponibles aquí: The claimant may Innocent victims of eligible required to provide any services "related to an http://www.in.gov/cji/files/VC_Victims_Comp appeal the findings violent crimes, including a motor abortion." _Application_Spanish.pdf of the hearing vehicle crash caused by a drunk Ind. Code § 16-21-8-7 (2015). officer within driver; Applications may also be received by twenty-one (21) A parent, surviving spouse, When a hospital provides forensic medical contacting your local law enforcement agency days after the date dependent child or other legal exams and additional forensic services to a or the Victim Services department of any of the dependent of an innocent victim victim, the provider must furnish the services Indiana county prosecutor's office. Eligible determination by who has been killed as a result of without charge. victims are strongly encouraged to complete filing a written an eligible violent crime, Ind. Code § 16-21-8-6; Ind. Code § 5-2-6.1-39 the online application, but if that is not an appeal with the including a motor vehicle crash option completed applications may be mailed, director. caused by a drunk driver; or A maximum award of up to $15,000 may be hand delivered, or faxed to: 203 Ind. Admin. A person who is injured or killed available to help cover expenses resulting from Code § 1-1-10 trying to prevent a violent crime any one injury or death, but does not cover the The Indiana Criminal Justice Institute (2015). or giving aid to a law first $100 of a claim. 101 W. Washington Street, Suite 1170 East enforcement officer. Ind. Code § 5-2-6.1-35 (2015). Indianapolis, IN 46204 Fax: 317-233-3912 Any benefits awarded will be reduced by the Ind. Code § 5-2-6.1-8 (2015); Ind. Code § amount received by other sources or by the Unless a waiver under specific circumstances 5-2-6.1-12 (2015). amount the victim contributed to the infliction has been issued, applications must be of the victim's injury or death. submitted within 180 days after the occurrence Other requirements include: Ind. Code §5-2-6.1-32 (2015); Ind. Code §5-2- of the crime that is the basis of the 6.1-34 (2015). application. 203 Ind. Admin. Code § 1-2-3 The crime must have taken place (2015). For good cause, the time for filing in Indiana (203 Ind. Admin. Eligible crime-related expenses include: may be extended for a period not exceeding Code § 1-1-9(b)(2) (2015)); two (2) years after such occurrence The victim must have incurred a Reasonable expenses for necessary minimum out-of-pocket loss of medical bills (includes medical, Questions relating to completion of the $100 (Ind. Code § 5-2-6.1-21(c) chiropractic, hospital, dental, application may be directed to the Violent (2015)); psychological, optometric, psychiatric, Crime Victim Compensation Division at The crime must have been ambulance services, prescription drugs, [email protected] or by reported to the police within 72 and prosthetic devices) (Ind. Code § 5- calling toll-free at 800-353-1484. hours (Ind. Code § 5-2-6.1-17 2-6.1-21(c)(1) (2015)); (2015)) Up to $5,000 for funeral and burial or Victims may also inquire about the status of (Note: Victims of sexual assault cremation expenses (Ind. Code § 5-2- their compensation application by logging into do not have to report the crime to 6.1-15 (2015); Ind. Code § 5-2-6.1- the online system using their assigned claim law enforcement unless they 21.1(d)(6) (2015)); number and four-digit PIN, or by calling the
American University, Washington College of Law 45 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements choose to apply for compensation Up to $3,000 for outpatient mental toll-free number and asking for their assigned under the Victim Crime Fund for health counseling (Ind. Code § 5-2-6.1- claims analyst. To maintain confidentiality, expenses not covered at the time 21.1(d)(7) (2015)); information will only be provided to the legal a forensic exam was completed); Up to $2,000 for mental health care for applicant, unless the division receives written The victim or survivors must the immediate family of a homicide or authorization from the victim or claimant to cooperate in the investigation and sexual assault victim (Ind. Code § 5-2- speak to a third party. prosecution of the crime (Ind. 6.1-21(d)(7) (2015)); Code § 5-2-6.1-18 (2015)); Lost wages of victim or of caregiver After submission of an application, if the An application for benefits must for victim under the age of 18 (Ind. application is found to be incomplete, the be filed no later than 180 days Code § 5-2-6.1-21(d)(2) (2015)); division may return the application with a list after the crime occurred (certain Under certain circumstances, loss of of additional information required. The exceptions do apply) (Ind. Code support to legal dependants of an applicant then has thirty (30) days to either § 5-2-6.1-16 (2015)); employed crime victim who is killed supply the missing information or appeal to Medical expenses must be (Ind. Code §5-2-6.1-21(d)(5) (2015)); the director. incurred within 180 days of the Reasonable child care services (up to Ind. Code § 5-2-6.1-25 (2015). crime, but can be extended under $1,000) (Ind. Code § 5-2-6.1-21(d)(4) certain circumstances (Ind. Code (2015)); and Once an application is deemed complete, a § 5-2-6.1-21.1(g),(h) (2015). Reasonable emergency shelter services hearing officer may hold a hearing, allowing (not to exceed 30 days) (Ind. Code § 5- evidence and arguments by the applicants to 2-6.1-21(d)(3) (2015)). be made. If a hearing is held, the applicant Persons who participated in, assisted in, or will be notified in writing fifteen (15) days in advance. A written decision will be issued no would have profited from the criminal act that is the basis for the claim are not more than ten (10) days after the hearing. Emergency funding (not to exceed $500) may Ind. Code § 5-2-6.1-27 (2015); Ind. Code § 5- eligible for benefits. Nor are victims who be available to assist victims of crime who are at the time of injury were a resident of a 2-6.1-28 (2015). faced with an immediate financial hardship county, city, or federal jail, prison, or resulting from the crime that has led to the need other institution operated by the An award of benefits may not be denied of services. An application must be filed before without the applicant's opportunity for a department of correction. an emergency award determination is made. Ind. Code § 5-2-6.1-13 (2015). hearing. Ind. Code §5-2-6.1-36 (2015). Ind. Code § 5-2-6.1-31 (2015).
If either the victim or claimant has a net Note: Victims are still legally responsible for the worth of more than $200,000 at the time payment of their bills associated with the crime. the injury takes place, no benefits will be Filing an application does not prevent service awarded. providers from taking collection steps against Ind. Code § 5-2-6.1-14 (2015). victims. If the victim’s application is approved, they will be reimbursed for eligible out-of- Only one claimant per victim may receive pocket expenses. a benefits award. Ind. Code § 5-2-6.1-13.5 (2015).
American University, Washington College of Law 46 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Iowa There are no eligibility The following maximum coverages may be An application must be filed within N/A restrictions based on immigration subject to certain reductions: two years of the crime date or the status. Lost Wages date the crime was discovered. This To be eligible for compensation, [Note: Compensation paid for more than two requirement may be waived for good the victim must report the crime weeks of a crime victim's lost wages requires a cause. to local law enforcement within disability statement. The disability statement 72 hours. This requirement can must be completed and signed by a physician or Iowa Code §§ 915.84 be waived upon demonstration of licensed mental health practitioner who good cause, and is not applicable provided continued care for the victim.] Applications are accepted via: to minors or dependent adults who are subject to unlawful Crime Related Injuries: $6,000 telephone (+1 515.281.5044 or +1 sexual conduct or a forcible Homicide Victim Survivors: $6,000 800.373.5044); felony if the crime is committed Medical or Counseling Appointments: online application (available here); or by an individual responsible for $1,000 paper application (available here). the victim’s care and the crime is Court or Justice Proceedings: $1,000 reported to an employee of the Loss of Support for Dependents: department of human services. $4,000 The victim is expected to cooperate with reasonable If a claim is denied, the applicant is Counseling requests by the appropriate law provided written notice of the denial enforcement agencies in the and has the opportunity to appeal. investigation and prosecution of Victim or Survivor Counseling: $5,000 The first level appeal is determined the crime. Secondary Victim Counseling: $2,000 by the director of the crime victim A victim must not have been program, and the final appeal is committing or attempting to Medical decided by the Crime Victim commit a crime that caused their Assistance Board. A victim aggrieved injuries, and must not have Medical Care for Victims: $25,000 by the denial or disposition of his/her claim may appeal to the district court consented to, provoked, or Medical Care for Homicide Survivors: within 30 days of receipt of the incited the crime that caused $3,000 their injuries. Board’s decision. Other Iowa Admin Code r. 61-9.36 Iowa Code § 915.84 [Note: The program cannot pay for property loss, property repair, legal fees, phone bills, meals, or pain and suffering.]
Funeral and Burial: $7,500 Residential Crime Scene Clean-up: $1,000
American University, Washington College of Law 47 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Emergency Relocation [lifetime benefit]: $1,000 Housing/Shelter Assistance [lifetime benefit]: $2,000 Replace Clothing/Bedding Held as Evidence: $200 Crime Related Child or Dependent Adult Care: $1,000 Crime Related Travel: $1,000 Replacement of Home Security Items: $500
Iowa Code §§ 915.86-87. Kansas There are no eligibility Compensation is provided for loss of The claim must be filed with Crime N/A restrictions based on immigration earnings/wages, out-of-pocket medical expenses Victims Compensation Board within status. incurred as a direct result of the incident, and 2 years of the incident. The victim must report the funeral, burial, and cremation expenses if death incident to the law enforcement was the result. Loss of personal property is not Kan. Stat. Ann. § 74-7305(d). agency where the crime occurred included, except for clothing/bedding seized as within 72 hours of the incident evidence. The application form is available unless the victim can show good here. cause for failing to report the Overall maximum award of $25,000. incident within this time. Lost wages/loss of support maximum The victim/claimant cannot be an of $400 per week. accomplice and/or committed a crime in connection with the Kan. Stat. Ann. § 74-7305 incident and must cooperate with law enforcement agency. To be compensated, economic Grief therapy for family members of loss must exceed $100, except in homicide victims maximum of $1,500. sexual assault cases. Victims of Outpatient mental health counseling sexual assault do not need to maximum of $5,000. show economic loss to be Inpatient mental health care maximum eligible for compensation. of $10,000.
Kan. Stat. Ann. § 74-7305 Kan. Admin. Regs. § 20-2-3.
Funeral expense maximum of $5,000.
American University, Washington College of Law 48 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Crime scene clean-up maximum of $1,000.
[Note: These items and limits are listed on the application form, but do not appear in the statutes or regulations.]
Other allowable expenses include moving expenses if a law enforcement officer recommends move for safety reasons, and mileage expenses for medically necessary travel.
Kan. Admin. Regs. § 20-2-9.
A tentative award (i.e., emergency award) may be given when it appears the claimant will suffer economic hardship without the award. Any tentative award is deducted from final award.
Kan. Stat. Ann. § 74-7314.
If the victim/claimant is represented by an attorney, reasonable attorney's fees determined by the Compensation Board may be paid. Attorney’s fees are in addition to the award, and may be paid whether or not compensation is awarded.
Kan. Stat. Ann. §74-7311. Kentucky There are no eligibility Compensation ($25,000 maximum) is The victim must apply with the Crime N/A. restrictions based on immigration available for reasonable medical and Victims’ Compensation Board for status. hospital expenses, earnings/wages, compensation. The claim must be Victims of criminally injurious funeral expenses, and psychological filed within 5 years of the crime. conduct are eligible for counseling.
American University, Washington College of Law 49 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements compensation if other eligibility Funeral expenses are limited to $5,000. Ky. Rev. Stat. Ann. § 346.060(2). requirements are met. The Psychological counseling limited to 2 victim must have reported the years. Application forms (in English and Spanish) are crime within 48 hours (or show Loss of earnings/wages up to $150 per available here. good cause as to the delay) and week if employed at the time of the must cooperate with law crime. enforcement agencies. Eyeglasses and other corrective lenses A denial may be appealed to the may be replaced, provided they were Franklin Circuit Court. Ky. Rev. Stat. Ann. § 346.130. stolen, destroyed, or damaged during the crime. Ky. Rev. Stat. Ann. § 346.080(8). Victims of hate crimes are also Other property loss or damage is not eligible. covered.
Ky. Rev. Stat. Ann. § 346.055. Ky. Rev. Stat. Ann. § 346.130.
Victims who were confined in Emergency awards (not to exceed certain state facilities (e.g., a $500) are allowed when it appears the correctional facility) at the time award will probably be made and of the injury are not eligible. undue hardship will result if not awarded. This amount is to be later Ky. Rev. Stat. Ann. § 346.050. deducted from final award.
Ky. Rev. Stat. Ann. § 346.120. Nonresident victims of criminal acts in Kentucky are eligible. If the victim/claimant is represented by Ky. Rev. Stat. Ann. § 346.025. an attorney, attorney's fees may be paid. Attorney’s fees cannot be larger than 15% of the award (as part of, not The claimant must show in addition to, the award). financial hardship to be eligible for compensation. 107 Ky. Admin. Regs. 1:025. Ky. Rev. Stat. Ann. § 346.140.
In determining financial hardship, the Compensation Board will not include:
a home and whatever real estate it is located on;
American University, Washington College of Law 50 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements personal property consisting of clothing and strictly personal effects, except jewelry; tools and equipment necessary for claimant’s trade, occupation or business; household furniture, appliances and equipment, except antiques; family automobiles; and savings or valuables or additional property in an amount equal to the claimant’s annual income.
107 Ky. Admin. Regs. 1:010. Louisiana There are no eligibility There is a $10,000 cap for awards for The application must be filed within 1 N/A. restrictions based on immigration all victims except those who suffered year of the crime (unless otherwise status. total and permanent injuries; for those justified). To be eligible for compensation, applications the award can be up to the crime must be reported to a $25,000. La. Rev. Stat. Ann. §§ 46:1806. law enforcement agency within Attorney’s fees: a maximum of 72 hours after the incident $50/hour for a total of 5 hours of $250. (unless otherwise justified). Funeral expenses: up to $5,000. Applications must be submitted to the Lost wages/earnings: up to 80% of the sheriff’s office in the parish where the La. Rev. Stat. Ann. §§ 46:1806. gross weekly wage of the victim. crime occurred except for claims Loss of support: up to $10,000. involving an adult victim of a The victim and/or claimant must Ambulance: up to $300 regular / $500 sexually-oriented criminal offense, cooperate fully with law air medical transport. which are sent directly to the board enforcement officials in the Medical expenses: 70% of “usual and office. investigation and prosecution of customary” charges up to $10,000; the case. psychiatric inpatient hospitalization La. Admin. Code tit. 22:XIII, § 303. limited to 7 days at $700/day. La. Rev. Stat. Ann. §§ 46:1809. Travel expenses: only when required Application forms are available here. medical care is not locally available. Potentially ineligible if the victim was: Mental health counseling: up to $2,500; limited to 6 months from the If an application is denied and the date of the first visit or after the first 26 assisting, attempting, or engaging victim/claimant desires to appeal the qualified sessions/groups (whichever in an illegal activity that board's decision, the victim/claimant comes first).
American University, Washington College of Law 51 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements substantially caused the injuries Catastrophic property loss: up to must file the appeal within 60 days that are the basis for the claim; $10,000. from the date of the denial letter. committed a felony offense or Vehicular incidents: eligible expenses was serving a sentence for a include those resulting from death or La. Admin. Code tit. 22:XIII, § 303. felony offense committed within personal injury if they are incurred as a five years prior to the date of result of DWI or hit and run offenses, victimization or five years fleeing felon incidents, or injuries subsequent to serving the intentionally inflicted with a motor sentence; or vehicle, boat or aircraft. contributed to or provoked the Crime scene evidence: reasonable offense through his/her own replacement costs for clothing; misconduct. bedding; or property seized as evidence or rendered unusable as a result of La. Admin. Code tit. 22:XIII, § 301. criminal investigation or lab test. Crime scene clean-up: up to $2,500.
La. Admin. Code tit. 22:XIII, § 503.
Award will be reduced by 50 percent if the victim was not wearing a seat belt and was injured or killed by a person driving while intoxicated (DWI).
La. Admin. Code tit. 22:XIII, § 301.A.1.b. Maine There are no eligibility The Board may award up to $15,000 An application must be filed by the N/A. restrictions based on immigration for actual medical and medically- victim with the Compensation Board status. related expenses or losses incurred as a within 3 years of the crime or 60 days Victims of sexual assault are direct result of crime-related injuries. of the discovery of the injury or eligible regardless of personal compensable loss, whichever is later, injury. Me. Rev. Stat. tit. 5, § 3360-E unless there is good cause for failing Victims who have suffered to file. personal injury as a direct result To the extent insurance or other funds of the following crimes are also do not cover crime related expenses, Me. Rev. Stat. tit. 5, § 3360-C. eligible: the claimant may be reimbursed for: The application is available here, and an instruction sheet is available here. 1. Offenses against the person 1. Medical expenses (up to 75% of actual
2. Kidnapping and criminal charges); restraint 2. Mental health/counseling expenses;
American University, Washington College of Law 52 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements 3. Robbery 3. Funeral/burial costs (up to $4,500) and 4. Operating under the influence costs of a marker (up to $500); and If the Board issues a denial, a 5. An act of terrorism 4. Lost wages. claimant can request a hearing before 6. Leaving the scene of an accident the Board. If the case is denied after 7. Sexual exploitation of a minor; 26-550-6 Me. Code R. §§ 1-4 hearing, the claimant may appeal to or Superior Court. 8. Sex trafficking Loss of financial support (for dependents of homicide victims). Me. Rev. Stat. tit. 5,§ 3360-G. Me. Rev. Stat. tit. 5, §§ 3360, 3360-B. Me. Rev. Stat. tit. 5, § 3360-B The crime must have been The following also may be covered: reported to the police within 5 days unless the victim is a minor Crime scene cleaning costs (bio- or there is good cause for delay. matter). The claimant must cooperate Costs to repair or replace locks or other with the reasonable requests of security devices. law enforcement officials in the Replacement costs of eyeglasses, investigation and prosecution of dentures and other prosthetic devices. the crime. Property losses, compensation for pain Compensation may only be paid and suffering, and other losses (not to innocent victims; it may not be medically related) are not covered. paid to any person who violated a criminal law that contributed to or caused the injury. [Note: These items are not specifically discussed in statutes or regulations, but are mentioned on the program website.] Me. Rev. Stat. tit. 5, § 3360-C. Maryland There are no eligibility Maximum award is $45,000. The application must be filed within 3 N/A. restrictions based on immigration years from the date of the crime or status. Medical/Dental: (Up to $45,000) the death of the victim. Counseling: (Up to $5,000) Those eligible include: Lost Wages/Disability: (2/3 of average Md. Code Ann., Crim. Proc. § 11-809(a) weekly wages up to $25,000) Person who suffers physical or Funeral/Burial: (Up to $5,000) Victim/claimants must submit a psychological injury as a result Crime scene clean-up: (Up to $250) completed and signed application of a crime or delinquent act; Loss of Support: (Up to $25,000) either by mail or in person at the Surviving spouse or child of, or following address: person who was dependent upon, Md. Code Ann., Crim. Proc. § 11-811. a homicide victim;
American University, Washington College of Law 53 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Person who assumed responsibility for the funeral Criminal Injuries Compensation Board (CICB) expenses of a homicide victim; 6776 Reisterstown Road, Suite 206 A parent, child, or spouse of an Baltimore, MD 21215-2340 individual who is incarcerated for abuse; Md. Code Ann., Crim. Proc. § 11-809(b)(1); Person who suffers injury while Md. Code Regs. 12.01.01.04.A(2)(a). [Note: trying to prevent a crime, the CICB “Resource Guide” brochure states apprehend a suspect or assist a that applications may be faxed, however, the law enforcement officer in the statute, regulations, and application document course of the officer’s official do not provide for this.] duties.
Md. Code Ann., Crim. Proc. § 11-808. Applications are available here in English and Spanish. A person who commits the crime or delinquent act that is the basis of a claim, or an accomplice of the person, is not eligible; Claimants may request a hearing on a contributory conduct may reduce Board decision within 15 days. If the or eliminate an award. claim is denied after a hearing, judicial appeals may be pursued. Md. Code Ann., Crim. Proc. §§ 11-808 (a)(2), (d) Md. Code Ann., Crim. Proc. § 11-815; Md. Code Regs. 12.01.01.04 The crime, delinquent act, or discovery of child abuse must be reported to proper authorities within 48 hours of the occurrence, and the victim must reasonably cooperate with law enforcement.
Md. Code Ann., Crim. Proc. § 11- 810(a)(1)
The claimant must have incurred at least $100 in reimbursable
American University, Washington College of Law 54 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements expenses, or lost at least two continuous weeks of earnings or support.
Md. Code Ann., Crim. Proc. § 11-808 (c) Massachusetts • There are no eligibility restrictions based Compensation is provided for: The victim must complete an application and A victim of sexual on immigration status. file it with the Victim Compensation and assault of child • The victim must report the crime within • funeral and burial expenses (up to $8,000, with Assistance Division of the Office of the bearing age shall 5 days of the occurrence and reasonably ancillary internment costs of up to $800 more); Attorney General. receive information cooperate with law enforcement or have • medical care (which is psychological, dental, about emergency good cause for any delay or non- optometric, hospital and nursing care provided The application must (absent good cause) be contraception, shall cooperation. Mass. Gen. Laws ch. 258C, § to a victim including, but not limited to, filed within 3 years from the date of the crime. be offered 2; 940 Mass. Code Regs. 14.05. medicines, medical, dental, optometric and Mass. Gen. Laws ch. 258C, § 5; 940 Mass. emergency surgical supplies, and prostheses. It includes Code Regs. 14.05. contraception, and Victims of certain types of crimes may rehabilitation therapy, and rehabilitation shall be provided receive compensation from the state if: (1) equipment reasonably necessary for basic self There is no time limit on how long benefits with emergency the crime occurred in Massachusetts; or care and to enable the victim to obtain or can be received. contraception upon (2) the victim is a Massachusetts resident continue employment. It also includes request. Mass. Gen. and the crime occurred in a state that does transportation costs incurred while obtaining See the following link for more information: Laws ch. 41 § 97B, not have a CVC program. The types of medical care); http://www.mass.gov/ago/public- ch. 111, § 70E. crimes include drunk driving, domestic • mental health counseling; safety/resources-forvictims/victims-of-violent- violence, and any crime that results in • lost wages; crime/victim-compensation.html death or personal injury, including sexual • homemaker services (including childcare); assault. A claimant may be the direct • loss of financial support; or contact victim of the crime, a survivor if the crime • attorney's fees; results in a death, a person who assumes • crime scene clean-up; Office of Attorney General Tom Reilly homemaker responsibilities in certain • replacement of clothes and bedding; Victim Compensation and Assistance Division circumstances, and persons who actually • security; and One Ashburton Place incur burial expenses directly related to • catastrophic injury loss (including an injury Boston, MA 02108 the victim. 940 Mass. Code Regs. 14.04. that creates a permanent impairment for the (617) 727-2200 victim, including: (a) spinal cord injury TTY: (617) 727-4765 involving paralysis; (b) amputation of an arm, http://www.ago.state.ma.us hand, foot or leg; (c) severe brain injury; (d) second or third degree burns on 25% or more of the total body surface or third degree burns on 5% or more of the face and hands; (e) total or functional loss of vision or hearing; (f) severe communication, sensory or motor disturbances). 940 Mass. Code Regs. 14.06.
American University, Washington College of Law 55 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements
Maximum Compensation is $25,000; provided the maximum for a claimant with a catastrophic injury shall be $50,000. Mass. Gen. Laws ch. 258C, § 3. Michigan • There are no eligibility restrictions based Compensation is for unreimbursed and The victim must complete an application and on immigration status. Mich. Comp. Laws unreimbursable expenses or indebtedness file it with the Crime Victim Services § 18.351(1(c)). reasonably incurred for medical care, Commission. Mich. Comp. Laws § psychological counseling, replacement services, 18.353(3(j)). • A police report of the crime must funeral services, crime scene clean-up, any generally be made within 48 hours (unless nonmedical remedial treatment rendered in Absent good cause, the application must be sexual assault against victim under 18 accordance with a recognized religious method filed within 1 year from: the date of the crime; (with report before victim is 19) or of healing, or other services necessary as a result the date the victim turned eighteen (18); or the otherwise if commission finds delay of the injury upon which a claim is date after discovery by a law enforcement justified). The victim must reasonably based. Mich. Comp. Laws § 18.351, 18.361. agency that injuries previously determined to cooperate with law enforcement. Mich. be accidental, of unknown origin, or resulting Comp. Laws § 18.360. Medical expenses to be reimbursed include from natural causes, were incurred as a result hospital bills, doctor bills, laboratory fees, of a crime. Mich. Comp. Laws § 18.355. Victims of crimes may receive ambulance charges and other related costs. compensation from the state if: (1) the See the following link for more information: crime occurred or was attempted in If a claim for compensation appears likely and Michigan; (2) the crime occurred to a undue hardship will result if immediate payment http://www.michigan.gov/mdhhs/0,5885,7- Michigan resident outside of Michigan is not made, an emergency award up to $500 339-71548_54783_54853---,00.html and that jurisdiction does not have a crime may be provided. Mich. Comp. Laws § 18.359. victim reparations law covering the For more information, contact resident’s injury or death; or (3) a Michigan resident was injured in another Crime Victim Services Commission country by a crime involving an act of 320 South Walnut international terrorism. Mich. Comp. Lansing, Michigan 48913 Laws § 18.351(1(c)). (517) 373-7373 http://www.michigan.gov/snyder/0,1607,7- A victim is a person who suffers direct or 277-57738_57679_57726-250653--,00.html threatened physical, financial, or emotional harm as a result of the crime, or a survivor if the crime results in death. 1985 Mich. Pub. Act 87; Mich. Comp. Laws § 18.351, 18.354(4). Minnesota Victims of certain types of crimes may Compensation is for economic loss suffered by The victim must complete an application and Hospitals are receive compensation from the state if: (1) victim, subject to $50,000 cap overall per crime file it with the Crime Victims Reparations required to provide
American University, Washington College of Law 56 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements the crime occurred or was attempted in and individual caps described below. Economic Board. Minn. Stat. §§ 611A.51 to 611A.67. emergency Minnesota; (2) if the crime occurred to a loss generally includes reasonable medical, contraception, and Minnesota resident outside of Minnesota chiropractic, hospital, rehab/therapy, mental Claimant must file for compensation within 3 information about and that jurisdiction does not have a crime health and dental expenses, loss of income, years of the victim's injury or death unless emergency victim reparations law covering the substitute child care or household services, unable to file due to physical or mental contraception to resident’s injury or death; or (3) if the funeral expenses and transportation disability, injury not reasonably discoverable sexual assault person is a Minnesota resident who is costs. Minn. Stat. 611A.52, Subd. 10. within 3 years, or there is child abuse (3 years victims following injured in another country by a crime starts when abuse reported to police), an assault. Minn. involving an act of international terrorism. The Minnesota Crime Victims Reparations kidnapping (3 years starts when child located, Stat. § 145.4711- Minn. Stat. § 611A.52, Subd. 6(a); Minn. Board provides the following list of coverage: not when taken), harassment/stalking (period 4712 (2012). Stat. § 611A.53, Subd. 1b. begins at last stalking). There are no https://www.revisor • Hospital and physician exceptions for circumstances where: 1) the .leg.state.mn.us/stat The types of crimes are any crime that • Prescriptions victim/claimant did not know reparations utes/?id=145.4712. results in death or bodily harm, which • Physical therapy existed, 2) victim was incompetent, but his or include homicide, assault, child abuse, • Chiropractic care (1 year maximum) her affairs were being managed by a guardian sexual assault, robbery, kidnapping, • Mental health care ($7500 maximum) or parent, 3) victim was a minor at the time, or domestic abuse, stalking, criminal • Lost wages 4) the police or county attorney failed to vehicular operation and drunk • Funeral ($7500 maximum) inform the victim/claimant of reparations, even driving. Minn. Stat. § 611A.51; Service • Headstone/Marker ($1000 maximum) though they are required by law to do Provider Handbook • Household services performed by licensed so. Minn. Stat. 611A.53, Subd. 2; Service (https://dps.mn.gov/divisions/ojp/forms- professional Provider Handbook documents/Documents/Service-Provider- • Substitute child care (https://dps.mn.gov/divisions/ojp/forms- Handbook.pdf). • Ambulance documents/Documents/Service-Provider- • Prosthesis/Wheelchair Handbook.pdf). • Dental care • There are no eligibility restrictions based • Return of an abducted child Mail, fax or email completed forms to: on immigration status. Minn. Stat. § • Crime scene cleanup 611A.53, Subd. 1b. • Remodeling of household for accessibility Minnesota Crime Victims Reparations Board • Eyeglasses (if broken during the assault) 445 Minnesota Street, Suite 2300 • A police report of the crime must • Abortions or prenatal care and delivery (if St. Paul, MN 55101-1515 generally be made within 30 days, with pregnancy is a result of sexual 651-201-7300 or 1-888-622-8799 exceptions if this was not possible; the 30 assault) https://dps.mn.gov/divisions/ojp/forms- Fax: 651-296-5787 day reporting deadline is waived for documents/Documents/Service-Provider- Email: [[email protected]. sexual assault and child abuse. The victim Handbook.pdf us]DPS Justice Programs[/email] must reasonably cooperate with law enforcement. Minn. Stat. 611A.53, Subd. Emergency grant money is available to victims For more information of filing a claim, the 2. through local programs for expenses such as following website provides significant transportation to medical and court facilities, information, including a link to the home security devices, essential personal application: https://dps.mn.gov/divisions/ojp/h A victim is a person who suffers personal
American University, Washington College of Law 57 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements injury or death as a direct result of a property and crime scene cleanup. Minn. Stat. § elp-for-crime-victims/Pages/crime-victims- crime, a good faith effort to prevent a 611A.675, Subd. 1. reparations.aspx crime, or a good faith effort to apprehend a person suspected of engaging in a crime. Minn. Stat. 611A.52, Subd. 10.
Persons entitled to compensation include the victim, his or her dependents, the victim’s estate, persons paying certain of the victim’s expenses, and the guardian, guardian ad litem, conservator or authorized agent of any of these persons. Minn. Stat. § 611A.53, Subd. 1. Mississippi The Division of Victim Compensation Reimbursement is for certain medical, • Fill out a compensation application form, provides financial assistance to victims of rehabilitation, mental health, funeral, and have it notarized and return the form, along violent crime and their family housing expenses, economic loss, non-economic with bills and receipts. members.http://www.ago.state.ms.us/wp- loss and work loss. MS Code § 99-41-5 content/uploads/2013/10/Crime-Victims- (2015). Overall maximum award for expenses • Compensation Application Forms are Bill-of-Rights-BROCHURE-2013.pdf incurred is $20,000 and the following available at http://www.ago.state.ms.us/wp- limitations are applicable: content/uploads/2013/06/Victim- • There are no eligibility restrictions based Compensation-Application-Guidelines- on immigration status. Medical expenses up to $15,000 per 2013.pdf • The victim must report the crime to law claim. enforcement officials within 72 hours Transportation costs to obtain medical • Applications are also available from the after the crime or show good cause for not and/or mental health services that are at district attorney’s office, domestic violence reporting. least 45 miles one way from the victim shelters, rape crisis centers, survivor of • The victim or claimant must fully or claimant's residence, up to $500 per homicide agencies and MADD. Completed cooperate with law enforcement claim. application form along with all bills and investigation and prosecution. Funeral expenses, up to $6,500 and receipts are to be returned to • Application must be filed within 36 transportation costs to make months after the date of the crime. arrangements and attend funeral, up to Office of the Attorney General • In cases of child sexual abuse, the $800 per claim. Crime Prevention & Victim Services application must be filed within 36 Crime Victim Compensation Division Mental health counseling for the victim months after the crime was reported. Post Office Box 220 and victim's family members, up to Jackson, MS 39205-0220 $3,500 per claim. "Victim" means a person in Mississippi or 1-800-829-6766 or 601-359-6766 Lost wages for the victim, up to $600 a Mississippi resident in another 601-576-4445 (Fax) per week for 52 weeks; not to exceed state/country that doesn't provide victim www.ago.state.ms.us (WEB) $20,000 per claim. compensation for this crime who suffers personal injury or death as a result of After processing an application for
American University, Washington College of Law 58 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements criminally injurious conduct, regardless of Lost wages for the claimant, when the compensation filed under rules and regulations whether that person was the intended claimant had a loss of earnings in order promulgated by the Attorney General, the victim of the criminally injurious to assist victim during recovery of director of the Office shall enter an order conduct. MS Code § 99-41-5 (2015) injuries, up to $600 per week for 52 stating: weeks; not to exceed $20,000 per (a) Findings of fact; Criminally injurious conduct includes any claim. (b) The decision as to whether or not act that results in personal injury or death Lost wages for claimant to make compensation shall be awarded; that would be punishable by fine, arrangements and attend funeral, up to (c) The amount of compensation, if any, due imprisonment or death (or would be if $600 per claim for one week. under this chapter; committed by an adult). MS Code § 99- Loss of support for dependents of a (d) The person or persons to whom any 41-5 (2015) deceased victim, up to $600 per week compensation should be paid; for 52 weeks; not to exceed $20,000 (e) The percentage share of the total of any per claim. compensation award and the dollar amount Loss of tuition each person shall receive; and Domestic violence temporary housing (f) Whether disbursement of any compensation assistance, up to $500 one time benefit. awarded shall be made in a lump sum or in Domestic violence relocation periodic payments. assistance, up to $2,000 one time benefit. The director on his own motion or on request of the claimant may reconsider a decision Court related travel reimbursement, up granting or denying an award or determining to $1,000 per claim. its amount. An order on reconsideration of an Repair/replacement costs for damaged award shall not require a refund of amounts exterior windows, locks, doors and/or previously paid unless the award was obtained other security devices of a residential by fraud or upon finding that the victim's or dwelling, up to $1,000 per claim. claimant's actions and/or circumstances would Crime scene cleanup, up to $1,000 per no longer make the victim or claimant eligible. claim (assaults & homicides only).
Expense verification is required. If a claimant disagrees with the decision of the director, he may contest such decision to the Attorney General within thirty (30) days after Additional services are provided through the notification of issuance of the decision. There Attorney General's Office, Victim Assistance shall be no appeal of a decision of the director Program. Services include information and except as set forth in this subsection. referral, victim advocacy and court related services. For more information about this In a contested case, all parties shall be program, please call 1.800.829.6766. afforded an opportunity for a hearing after reasonable notice pursuant to regulations http://www.ago.state.ms.us/wp- promulgated pursuant to this chapter and may offer evidence and argument on any issue
American University, Washington College of Law 59 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements content/uploads/2013/06/Victim-Compensation- relevant to the claim and may examine Application-Guidelines-2013.pdf witnesses and offer evidence in reply to any matter of an evidentiary nature relevant to the Hospitals must submit applications to the claim. The Attorney General shall have the Attorney General’s Office to be reimbursed for power to subpoena witnesses, compel their costs associated with sexual assault and forensic attendance and require the production of examinations. The “Office of Attorney General- records and other evidence. The decision of Division of Compensation-Sexual Assault the Attorney General becomes the final Examination Payment Policy” lists medications decision. A record of the hearing in a for the prevention of pregnancy as items to be contested case shall be made and shall be included on the application for reimbursement. transcribed upon request of any party who http://www.agjimhood.com/images/uploads/for shall pay transcription costs unless otherwise ms/sexualassaultpolicy.pdf ordered by the Attorney General.http://law.justia.com/codes/mississipp Miss. Code § 41-41-215 permits health care i/2015/title-99/chapter-41/section-99-41-11/ providers to refuse to provide medical services for reasons of conscience.. In addition, Miss. An appeal may be taken by such claimant to Code §§ 41-107-5, 41-107-7, and 41-107-9 the circuit court of the claimant's residence or permits health care providers, health care the Circuit Court of the First Judicial District institutions, and health care payers, respectively, of Hinds County by filing a petition with the to refuse to dispense emergency contraception clerk of the court and executing and filing pursuant to rights of conscience. bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk The following parties are not eligible: of the court, conditioned upon the payment of all costs of appeal, including the cost of Compensation not awarded for motor preparing the transcript of the hearing before vehicle, boat or airplane operation the Attorney General. The petition and bond unless the offender used the vehicle shall be filed within thirty (30) days of the under the influence of drugs or alcohol, receipt of the final decision of the Attorney as a weapon to injure the victim, to General. Upon approval of the bond, the clerk escape a crime, as part of certain hit of the court shall notify the Office of the and run accidents or causes any injury Attorney General, which shall prepare its to a child boarding/exiting a school record in the matter and transmit it to the bus, circuit court. The victim must not have contributed, provoked or in any way caused the injury or death; in such cases, benefits The scope of review of the circuit court in may be denied or reduced. such cases shall be limited to a review of the record made before the Attorney General to Victim fails to assist divisions determine if the action of the Attorney General investigation, provides false/misleading
American University, Washington College of Law 60 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements information or fails to provide material is unlawful for the reason that it was: information or has been under the (i) Not supported by a preponderance of the actual or constructive supervision of a evidence; department of corrections for a felony (ii) Arbitrary and capricious; or conviction within five (5) years prior to (iii) In violation of a statutory right of the injury or death for which claimant. application has been made or such (c) No relief shall be granted based upon the injury/death occurred in jail. court's finding of harmless error. (d) Any party aggrieved by action of the The victim must not have contributed, circuit court may appeal to the Supreme Court provoked or in any way caused the in the manner provided by law. MS Code § 99- injury or death; such claims may be 41-13 (2015) denied or reduced. All other sources of payment such as insurance, Medicaid, Medicare and Workers' Compensation must pay first.
• MS Code § 99-41-17 (2015); http://www.ago.state.ms.us/wp- content/uploads/2013/06/Victim-Compensation- Application-Guidelines-2013.pdf Missouri The Crime Victims’ Compensation Costs incurred by a victim or claimant eligible For a claim application or other Program provides financial assistance to for compensation are medical and drug costs, information: victims who have suffered physical harm counseling expenses, lost wages, funeral costs as a result of violent crime. In the case of and loss of earnings or support and all of this Department of Public Safety death, the Program helps the victim's must be "out of pocket loss". A claimant must Crime Victims' Compensation dependents. The Crime Victims’ suffer at least $50 "out-of-pocket" loss. Out-of- P.O. Box 1589 Compensation Program is designed to pocket loss means unreimbursed or Jefferson City, MO 65102-1589 assist victims of violent crimes through a unreimbursable expenses or indebtedness Phone: (573) 526-6006 period of financial hardship as a payer of reasonably incurred for medical care or other Email: [[email protected]][email protected] last resort. If a victim has exhausted other services such as burial or funeral expenses. Mo. .gov[/email] sources of compensation, such as health Rev. Stat. § 595.030.1. insurance, and has no other source of After receiving the proper claim forms, the reimbursement, the Program can help pay Injuries resulting from the crimes of driving Crime Victims’ Compensation Unit conducts for medical costs, wage loss, while intoxicated, vehicular manslaughter, hit an investigation. Witnesses, law enforcement psychological counseling, funeral and run, and those accidents occurring from the officers, physicians, hospitals and employers expenses and support for dependent intentional infliction of harm by use of a car are may be contacted for report and verification. survivors up to $25,000. the only situations where an injury from a car is The Unit then makes a decision on the claim compensable. Mo. Rev. Stat. § 595.030.1 and the claimant is notified of the
American University, Washington College of Law 61 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements • Pursuant to the Crime Victims’ decision. http://dps.mo.gov/dir/programs/cvc/ Compensation unit eligibility checklist, All other sources of payment must be used the victim must show proof of United before compensation is made from the Fund. If a claim is denied, or if the settlement offer is States citizenship or legal residency. Health insurance, funds from Medicaid or unacceptable, a dissatisfied claimant may http://dps.mo.gov/dir/programs/cvc/docu Medicare and any other sources of payment request the Crime Victims’ Unit to set the case ments/eligibility-checklist.pdf available to the victim are deducted from the before an Administrative Law Judge. total expense that may be eligible for •The application instructions state that a reimbursement under the crime victim law. Immigrants with proof of legal residency birth certificate or proof of legal residency However, if a claimant has a health insurance include the following: in the United States is required. policy but still has out of pocket expenses o Lawful permanent residents https://dps.mo.gov/dir/programs/cvc/docu because of deductibles or co-payments, those o Conditional permanent residents ments/appplication-instructions.pdf out-of-pocket costs may be eligible for o Applicants for lawful permanent reimbursement. Mo. Rev. Stat. § 595.030. residency with approved visa petitions • The incident must be reported to the o Persons fleeing persecution proper law enforcement agency within 48 A maximum benefit of $25,000 may be awarded . Refugees hours, unless the victim was a minor or on eligible claims and may not exceed: . Asylees there is good cause shown for reporting . Persons granted withholding of late. Mo. Rev. Stat. § 595.030.2 $200 per week for lost wages for removal/deportation including crimes occurring prior to Aug. 28, under the Convention Against Those eligible to make a claim are: 2015 Torture $400 per week for lost wages for . Applicants for Asylum or 1. The victim: a. In the case of a sexual crimes occurring on or after Aug. 28, assault victim, a relative of the victim 2015 withholding of removal requiring counseling in order to better $5,000 for funeral expenses o Cuban Haitian Entrants assist the victim in his recovery; and $2,500 per claim for counseling o Amerasian immigrants
expenses o Persons granted conditional entry 2. In the case of the death of the victim as $250 for personal property such as o Persons paroled into the U.S. a direct result of the crime: a. A dependent bedding and clothing seized by law o Temporary Protected Status of the victim; b. Any member of the enforcement as evidence in the crime o Deferred Endorsed Departure family who legally assumes the that compensation is being sought. o Deferred Action obligation, or who pays the medical or o burial expenses incurred as a direct result; Applicants for Special Immigrant Juvenile or c. A survivor of the victim requiring Status counseling as a direct result of the death Losses [b]not covered[/b] by the Program o Battered spouses and children (and step- of the victim. Mo. Rev. Stat. § 595.020. include, but are not limited to: stolen or children) of citizens and lawful permanent damaged property, pain and suffering, crime residents with pending or approved In addition, the following conditions must scene clean-up, relocation, house payments, Violence Against Women Act (VAWA) be met: rent, utilities, food and/or clothing costs, tuition immigration cases. reimbursement, monetary losses from o Victims of human trafficking who have investment schemes or identity theft. • The victim must cooperate with law received continued presence or filed T
American University, Washington College of Law 62 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements enforcement officials in the investigation visa applications and received an and prosecution. The program guidelines are as contained here: eligibility certification letter from the U.S. • The injury or death must have occurred Department of Health and Human in Missouri, except when the victim is a http://dps.mo.gov/dir/programs/cvc/guidelines.p Services Missouri resident who suffers personal hp o U visa applicants who have received wait- injury or death in a state that does not list approvals have crime victims’ compensation, or o Immigration visa holders including when a Missouri resident is injured by an tourists, students, work, diplomatic, act of terrorism which was committed outside of the United States; religious workers, and work visitors. • A claim must be filed within 2 years of the crime, unless the victim is a minor; For the federal definition of legal presence and then the claim must be filed within 2 years legal residency see, Centers for Medicare and of discovering the crime. Mo. Rev. Stat. Medicaid Services (CMS): Medicaid and § 595.025. Mo. 8 CSR 50-6.010 CHIP Coverage of "Lawfully Residing" Children and Pregnant Women available at http://niwaplibrary.wcl.american.edu/pubs/pb- gov-hhslawfullyresidingmedicaid-07-01-10- also-in-qualified-immigrants Montana • There are no eligibility restrictions based Montana’s Crime Victims Compensation Act Applications may be obtained from Crime on immigration status. provides assistance with expenses (not to exceed Victim Compensation Program, Office of • To qualify for compensation benefits, $25,000) including: Victim Services, Department of Justice, 1712 the victim must report the crime within 72 9th Avenue, P.O. Box 201410, Helena, MT hours or show good cause for a delay in • Payments for medical expenses including 59620-1410 (phone 406.444.3653 or reporting (or in the case of sexual assault physician and hospital services, medicine, and 800.498.6455). Claim forms are also available of a minor) and must cooperate with law ambulance costs; from law enforcement, city or county enforcement and prosecuting attorneys. • Benefits for mental health counseling are attorneys, hospitals, and victim advocate Mont. Code Ann. § 53-9-125(3). capped at $2,000 or 1 year, whichever comes programs. first (although the victim may request an In addition, victims must fully report and extension); The victim must file a claim with the Crime cooperate with law enforcement officials Victim Compensation Program within 1 year and prosecuting attorneys to be eligible • Benefits for chiropractic services can be paid of the date the crime was committed or show for benefits. Mont. Code Ann. § 53-9- for up to 30 visits; good cause for delay. Mont. Code Ann. § 53- 125(4). 9-125(1). Once a claim has been submitted, it • Funeral expenses may not exceed $3,500 and may take 2 to 3 months for the Crime Victim "Claimant" means any of the following will be paid only if all other collateral sources Compensation Program to make an eligibility claiming compensation: fail to cover the expense; determination. Copies of all crime-related (a) a victim (defined as a person who medical bills must be sent to the Crime Victim suffers bodily injury or death as a result of • If a victim is employed at the time the crime Compensation as soon as possible. The Crime criminally injurious conduct (referred to occurs and is physically unable to work as the Victim Compensation Program is a program of
American University, Washington College of Law 63 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements as the Primary Victim); result of a physical injury related to the crime, a last resort, so victims must first submit (b) a dependent of a deceased victim portion of the lost wages can also be medical expenses to any other program for (referred to as the Secondary Victim);or reimbursed. To receive wage loss benefits, the which they are eligible, such as health (c) an authorized person acting on victim must provide a letter from his or her insurance, Medicaid, Workers’ Compensation, behalf of any of them. Mont. Code Ann. primary care physician stating that the victim is etc. See https://doj.mt.gov/victims/crime- § 53-9-103(1). physically unable to work and setting forth the victimcompensation/ for additional length of time that the victim will miss work. information. To be eligible for compensation, the Wage loss claims are paid every 2 weeks. Mont. applicant must be: Code Ann. § 53-9-128; A claimant who disputes the Office’s determination may appeal to the district court • The victim may be either a non-resident • If a victim has no prospect of being employed for the county in which the claimant resides or who is injured in Montana or a Montana in the normal labor market and was employable Lewis and Clark County for review. Mont. resident who is injured either in Montana but not employed at the time of injury may, at Code Ann. § 53-9-131. or in a state which does not provide the discretion of the office, receive up to $100 compensation for nonresidents. A victim per week. Payments continue until the victim is may receive compensation benefits for reasonably employable again; any criminally injurious conduct, which is defined as conduct that results in bodily • Dependents of a victim who is killed are injury or death and is punishable by fine, entitled to receive, in a gross single amount, imprisonment, death, or would be so weekly benefits amounting to 66 2/3% of the punishable except that the perpetrator wages received at the time of the injurious lacked capacity to commit crime (i.e. a conduct causing death. This payment is subject person who is found not guilty by reason to a cap set at one-half the state’s average of insanity). Mont. Code Ann. § 53-9- weekly wage; and 103(3). • Dependents of a victim who was killed and Compensation may be reduced or denied unemployed at the time may, at the discretion of if: the office, receive a sum not to exceed $100 per week. Parents, brothers, or sisters of a victim • Any offender or accomplice of the who is killed are entitled to receive offender or any claimant if award would reimbursement for mental health treatment unjustly benefit the offender or received as a result of the victim’s death. Mont. accomplice. Mont. Code Ann. § 53-9- Code Ann. § 53-9-128. 125(2). • Persons injured while in prison. Mont. Emergency Contraception Montana’s Forensic Code Ann. § 53-9-125(6). Rape Examination Program covers the costs of • Compensation may be denied or reduced “pregnancy prophylaxis” (i.e., emergency for any person who contributed to the contraception) for victims of sexual assault who death or injury for which the claim is get an exam within 72 hours of the assault, but made. Mont. Code Ann. § 53-9-125(7). who choose not to report the assault at that time.
American University, Washington College of Law 64 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements • The applicant is a victim of a traffic accident not related to drunk driving. Mont. Admin. R. 23-15-402, https://doj.mt.gov/wp- content/uploads/FREPPFAQs.pdf; https://dojmt.gov/victims/forensic-rape- examination-payment-program/ Nebraska The application form for the CVR Compensation awards are limited to a $25,000 Victims (or other eligible persons) must program includes an attestation form that cap (for each applicant per incident), except in complete a nine-page application form, which the applicant is (1) a citizen of the United special circumstances. Neb. Rev. Stat. § 81- includes an instruction page and the attestation States or (2) a qualified immigrant (the 1823 page relating to citizenship or immigration applicant must provide his or her status. The application is available on the immigration status and alien number, and Compensation is unavailable for injuries or Nebraska Crime Commission's website (link agree to provide a copy of his or her death resulting from incidents occurring outside here). USCIS documentation upon request). the state of Nebraska. Neb. Rev. Stat. § 81-1824 Following receipt of the application form, Neb. Rev. Stat. § 4-108 Compensation to victims and survivors of relevant records (i.e., police report, medical victims may be paid for: records) are reviewed and a claim summary is As a general matter, the CVR generated. A hearing officer will then review program is available to innocent Expenses incurred as a result of the the claim summary and approve or deny the victims of crime who (i) suffer personal injury or death (includes claim. bodily harm and (ii) have mental health counseling; note that incurred a financial loss as a counseling expenses are capped at Denial claims may be appealed, first to the direct result of a criminal act. $2,000); CVR committee and, if the committee upholds Applicable for payment must be Loss of wages and future earning the original decision, to the District Court. made to the committee within capacity; two years after the date of the Pecuniary loss to the dependents of a See Neb. Rev. Stat. § 81-1807-1822. personal injury or death and the deceased victim; The list of qualified immigrants are defined in injury or death resulted from an Funeral and burial expenses ($5,000 federal law at 8 U.S.C. § 1641 and includes: offense that was reported to the maximum); and o Lawful permanent residents police within three days of (i) its Any other losses that the committee o Conditional permanent residents occurrence or (ii) the time when determines to be reasonable. a such a report could have o Asylees o Refugees reasonably been made. Neb. Rev. Stat. § 81-1819 A resident of Nebraska who is o Persons paroled into the United States for a period of at least one year the victim of a crime committed Ineligible expenses include: in another state is eligible for o Persons granted withholding of compensation if (1) the crime deportation would be compensable had it Property loss; o Persons granted conditional entry occurred in Nebraska and (2) the Payment for pain and suffering; o Cuban and Haitian entrants o Amerasian immigrants
American University, Washington College of Law 65 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements crime occurred in a state that Expenses not directly related to the o A victim of human trafficking who has does not have a crime victim crime; and filed for, had a prima facie determination compensation program for which Expenses covered by insurance, or or has been awarded a T-visa under INA § the victim is eligible. Neb. Rev. otherwise paid from public funds, the 101(a)(15)(T), 8 U.S.C. § 1101(a)(15)(T). Stat. § 81-1807. offender, or other sources. o Persons who have been battered or subject Applicants must submit medical to extreme cruelty by a U.S. citizen or reports in furtherance of his or lawful permanent resident spouse or her application. Neb. Rev. Stat. § parent, who have VAWA self-petitions or 81-1808. petitions for suspension of deportation or cancellation of removal pending or approved and their undocumented The following individuals are eligible immigrant children listed as dependents in under the CVR program: their VAWA self-petition application. o Parents of children have been battered or subject to extreme cruelty by the other an innocent victim who suffers U.S. citizen or lawful permanent resident, bodily injury from a crime; and who have VAWA self-petitions or a dependent or legal petitions for suspension of deportation or representative of an innocent cancellation of removal pending or victim who has been killed as a approved and their undocumented result of a crime; immigrant children listed as dependents in a parent or guardian who is their VAWA self-petition application. responsible for medical expenses of a minor; and a person who is injured while aiding a crime victim or assisting a police officer.
Neb. Rev. Stat. § 81-1818
The following individuals are not eligible under the CVR program:
anyone injured in a motor vehicle, boat or airplane accident, unless (i) the injury was intentionally inflicted by the operator of the motor vehicle or (ii) the offender was charged with D.U.I.;
American University, Washington College of Law 66 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements anyone whose conduct contributed to his or her injuries (i.e., will receive unjust enrichment from the compensation); anyone who aided and abetted the offender in the commission of an unlawful act; or anyone who is injured or killed while violating a law.
Neb. Rev. Stat. § 81-1822 Nevada To be eligible for compensation under the Claims under the VOCP are limited to $35,000. An eligible victim may apply for Any VOCP, a person must be a victim of a Nev. Rev. Stat. § 217.450 compensation under the VOCP. information that (1) violent crime in Nevada, involving a compensation physical injury, threat of physical injury The VOCP can provide compensation for A parent or guardian may apply on officer obtains in or death (e.g., assault/battery, sexual expenses relating to: behalf of a minor or person who is the investigation of assault, domestic violence, physical abuse, mentally incompetent. Nev. Rev. Stat. a claim for child abuse, elder abuse, homicide and Hospital and Ambulance bills § 217.100 compensation or (2) drunk driving). Family members of a Medical and Dental treatment A Nevada resident who is a victim of is submitted under a deceased victim of a crime may also be Mental Health Counseling a crime in another state can apply if VOCP application eligible. is confidential and Wage or income loss (1) the state in which the crime must not be Funeral and burial expenses occurred does not have a similar Immigration Status. A new law compensatory program or (2) the disclosed (except to Loss of support, for dependents of a the applicant, the signed by the governor in June deceased victim victim is ineligible to receive 2017 provides access to VOCA compensation under another state's applicant's attorney, Emergency Shelter and Relocation or by court order). compensation payments for costs program. Nev. Rev. Stat. § 217.102 crime victims without regard to Nev. Rev. Stat. § Insurance co-payments Eligible victims under Nev. Rev. Stat. their immigration status. See 217.105 Crime scene cleanup §§ 217.070 and 217.102 includes: AB122 effective date July 1, Medically necessary equipment such as crime victims regardless of whether 2017. the person is a resident of the state, a a wheelchair https://www.leg.state.nv.us/Sessi citizen of the United States, or is Childcare costs incurred because of the on/79th2017/Bills/AB/AB122_E lawfully entitled to reside in the crime N.pdf (Redefines state resident United States and a victim of a crime Vision prosthetics and eyeglass for VOCA compensation that occurred in the state who is not a replacement purposes to be a person who has resident of the state may apply for been domiciled in the state Home Health Care compensation in the same manner as during the 6 weeks prior to the Prescription Medication state residents. dated of the crime and physically
American University, Washington College of Law 67 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements present in the state except for any Home Security Repair temporary absence.) Completed and signed applications can be sent Reporting Requirements. The via mail, fax or email to the below: crime must be reported to the The VOCP does not cover: police, child protective services, VOCP or other law enforcement agency PO Box 94525 Expenses for lost or stolen property or within 5 days of the crime, unless Las Vegas, NV 89193-1525 cash the victim is physically or Fax: (888) 941-7890 Property damage mentally unable to file within 5 Email: [email=applications@voc- days. Any expense not directly related to the net.com?subject=VOC Website crime Timing of Application. The Inquiry][email protected][/email] application must be submitted to Any expense payable by insurance or the VOCP within a year of the any other source Links to the VOCP Application may be found crime or within a reasonable time Damages for pain and suffering below: where the victim is unable to apply within one year. Minor VOCP Application (English) victims of sexual assault, Nev. Rev. Stat. § 217.450 and VOCP Benefits VOCP Application (Spanish) molestation or pornography have and Covered Expenses (link) until age 21 to file an application. Cooperation Required. Victims must cooperate with law enforcement during the investigation and prosecution of the crime, and applicants must cooperate with the VOCP.
Nev. Rev. Stat. § 217.160 and Eligibility Criteria (link) New The individuals eligible for compensation Reimbursable Expenses: Any person who wishes to request Hampshire include any person who: compensation must complete a Reasonable out-of-pocket expenses; "Claim Application Form," which is sustains personal injury as a Medical expenses; available on the State of New result of a felony or Funeral expenses; Hampshire's website at the following misdemeanor; Counseling expenses; address: http://doj.nh.gov/grants- management/victims-compensation- sustains personal injury caused Rehabilitative expenses; program/documents/apllication- by a person driving under the Restorative justice programs; and influence of alcohol or controlled form.pdf substances; or
American University, Washington College of Law 68 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements is a victim of sexual abuse and is Lost wages (resulting directly from the Once a claimant receives an under the age of 18 at the time crime). "Acknowledgement of Receipt of the claim is filed. Claim Application and Request for More Information Form," the N.H. Rev. Stat. Ann § 21-M:8-h.V claimant must provide, within 30 N.H. Rev. Stat. Ann. § 21-M:8-h.I(a). calendar days of the request, Minimum/Maximum Claims: information and documentation In the case of a child victim, the claimant, necessary to process the claim. An administrative claim summary guardian ad litem, advocate or parent may There is a $30,000 ceiling on recovery claim compensation in the victim's stead. per claimant per incident. will be prepared that includes (1) identification of the eligible crime, N.H. Rev. Stat. Ann § 21-M:8-h.I(b). Reimbursable expenses must be at least (2) a brief description of the crime, $100. (3) a statement of the dollar amount sought, (4) the history of the claim, (5) other relevant, material N.H. Rev. Stat. Ann § 21-M:8-h.V information, and (6) the recommendation of the unit New Hampshire allows pharmacists to initiate coordinator. emergency contraception drug therapy. The claim will be claimed on the commission's agenda to be N.H. Rev. Stat. Ann § 318:47-e. considered. The commission may request additional information, which the claimant typically must provide within 60 days. Once the claim is deemed complete, the commission must reach a decision on the merits within 120 days. A claimant can seek review of a denied claim.
New Hampshire Code of Administrative Rules, Jus 603.03 New Jersey There are no eligibility restrictions based Compensation benefits are available, up to Applicants must submit the following: on immigration status. $25,000 per claim, for the following: Completed VCCO application The following individuals are eligible for Medically related expenses Police report a claim with the VCCO:
American University, Washington College of Law 69 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Loss of earnings in personal injury Copies of bills and receipts of all A victim of a crime who has cases related losses sustained personal injury, mental Loss of support from the victim for Other relevant documentation trauma or death dependents in homicide cases A surviving spouse, Loss of earnings for surviving spouse parent/guardian, child or other whose earning capacity has been Applications are available through the relative dependent for support reduced in case of victim/spouse's following links: upon a victim of a crime who death died as a direct result of such Loss of support from the offender in https://www13.state.nj.us/LPVCLAI crime domestic violence cases MS/ (online portal) A person injured while trying to Limited transportation costs http://www.nj.gov/oag/njvictims/pdfs prevent a crime or while assisting Mental health counseling for victim /VCCO-Application-Instructions.pdf a police officer in making an and immediate family members arrest Limited domestic service, child care,
day care and after school care costs up Applications must be filed within two years to $6,500 from the date of personal injury or death, or The following crimes can give rise to an Funeral allowances of up to $5,000 after two years if the Board determines that eligible claim for compensation: Loss of prescription eyeglasses good cause existed for the delayed filing. Crime Scene Cleanup of up to $3,000 Aggravated assault Relocation expenses of up to $2,500 N.J. Admin. Code § 13:75-1.5(a) Threats to do bodily harm Emergency financial assistance of up to Lewd, indecent or obscene acts $1,500 (if victim is employed, unable Upon receipt of the application, a Indecent acts with children to work and faces undue hardship as a claim is opened and Kidnapping result of crime-related injuries) acknowledgement of the same sent to Murder the claimant, as well as any requested Manslaughter additional information. Aggravated sexual assault, sexual For crimes committed after June 26, 1995, if the All requests for emergency assistance assault, aggravated criminal victim is at least 60 years old or determined to and counseling are reviewed sexual contact, criminal sexual disabled and meet financial guidelines, such immediately. contact victim may be eligible for reimbursement for up The Board's eligibility investigators Any other crime involving to $200 in stolen cash resulting from an assault are charged with reviewing all violence including domestic and robbery. circumstances surrounding the
violence incident and will provide the Board's The VCCO will pay legal fees only if it awards Burglary (personal property loss commissions with a recommendation compensation. Attorneys are limited to or damage will not be to approve or deny compensation. receiving fees that are set by statute and by the compensated) If approved, the Board's investigator Office. Attorneys who represent victim in the Tampering with a cosmetic, drug determines losses from medical criminal justice system may be eligible to or food product providers, insurance benefit receive up to $1,000 in related legal fees. statements and gathering loss of
American University, Washington College of Law 70 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Driving a vehicle, commercial or earnings and disability payment private, or boat while under the The following losses are not covered: information. influence of alcohol or narcotics Theft of an automobile, eluding a Property damage or loss, except crime law enforcement officer or scene cleanup For additional information, refer to unlawful taking of a motor Pain and suffering http://www.nj.gov/oag/njvictims/index.html vehicle where injuries to the victim occur in the course of operating the automobile N.J. Admin. Code § 13:75-1.7
For additional information, see Victims or claimants (i.e., persons filing http://www.nj.gov/oag/njvictims/benefits.html for a victim, or a dependent of the victim) must demonstrate the following:
that the person is a resident of, or the crime occurred within, the State of New Jersey; the person has financial losses as a result of injuries you received as a result of a violent or certain other crimes; the crime was reported to law enforcement within 9 months (if possible) and the victim/claimant submitted the application for compensation within 3 years from the date of the crime (if possible); the person cooperated fully with the police and prosecutor's office; the person or his/her immediate family member has incurred, or will incur, medical, counseling, funeral bills lost time from work and/or other losses because of
American University, Washington College of Law 71 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements injuries directly resulting from the crime; the person cooperated with the VCCO investigator and informed the VCCO of any change of address; insurance and other payment sources, such as restitution paid by the offender, will not cover the expenses submitted; the person did not contribute to the injuries or provoke the incident, and was not responsible for or participate in the crime causing the injuries; and the person does not have any outstanding VCCO assessments imposed for convictions.
The following victims are ineligible:
A victim whose behavior contributed to the crime and injuries suffered A victim who was engaged in illegal activity at the time of the crime An offender or an accomplice of the offender Anyone in prison for a crime when the incident occurred A victim of a motor vehicle or boating accident (except those listed above) A victim of a motor vehicle or boating incident where the victim knew, or had reason to believe, the vehicle or vessel was being
American University, Washington College of Law 72 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements operated by the offender while under the influence of alcohol or narcotics A victim who is a non-resident of New Jersey and the crime incurred in a location other than New Jersey
N.J. Admin. Code § 13:75-1.5 - 1.7
For additional information, see http://www.nj.gov/oag/njvictims/faqs.html New Mexico There are no eligibility restrictions based Awards may be made up to a maximum of Victims must complete the Commission's on immigration status. $20,000 ($50,000 in the case of permanent application for compensation. physical disability). Awards can be made for the The following victims of violent crime following: Application forms may be received from and (see below) may be eligible for submitted to: compensation if: Medical and dental care; Mental health counseling (30 session Crime Victims Reparation Commission The crime occurred in New maximum); 6200 Uptown Blvd., Suite 210 Mexico Funeral and burial expenses ($6,000.00 Albuquerque, NM 87110 A police report was filed within maximum); (505) 841-9432 1-800-306-6262 (toll-free) 30 days of the incident, or 180 Loss of earnings as a result of the Fax: (505) 841-9437 days of the incident if relating to crime; E-Mail: cases of domestic violence and Eyeglasses ($350.00 maximum); or [[email protected]][email protected][/e sexual assault Other medically necessary devices. The victim fully cooperates with mail] all law enforcement agencies and Link to English-Language Application for the Commission, including being Victims of family violence, sexual assault, or willing to prosecute the offender Compensation human trafficking may be eligible for a one-time http://www.cvrc.state.nm.us/wp- The victim incurred expenses as award up to $3,000 for rent (up to $1,500) and content/uploads/CVRC-app-Jan2016.pdf a result of the crime relocation (up to $1,500) assistance. The application is completed and Link to Spanish-Language Application for returned to the Commission No compensation will be paid for property loss, Compensation within two years of the date of pain and suffering, or attorney's fees. http://www.cvrc.state.nm.us/pdf/SpanAppNew the crime 2.pdf
American University, Washington College of Law 73 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The Commission is a payer of last resort, and A victim of violent crime may qualify if all sources (Medicare, Medicaid, health the victim has suffered physical injury or insurance, worker's compensation, and extreme mental distress as a result of one indigent funds) must be exhausted before or more of the following crimes: payment can be made. The Commission also will consider any contributory behavior on the Aggravated assault; part of the victim. Aggravated battery; Criminal sexual contact of a After the applicant submits the claim, he or minor; she will be given a claim number. The Commission will review the application and Criminal sexual penetration; related documentation, including a complete Murder; offense report (which the Commission Voluntary manslaughter; requests and receives from law enforcement). Involuntary manslaughter; The application then will be reviewed to Abandonment or abuse of a determine if the victim and/or claimant is child; eligible for compensation. This process Homicide by vehicle or great involves verifying all the information bodily injury by vehicle; presented in the application. A decision about Aggravated stalking; whether the victim/claimant is eligible is Kidnaping; usually made within 120 days. If the Arson resulting in bodily injury; application is approved and expenses incurred Aggravated arson; as a result of the crime are eligible, payment Aggravated indecent exposure; will be made directly to providers or the Dangerous use of explosives; or, victim/claimant. The victim/claimant is Negligent use of a deadly notified in writing of the decision to award or weapon; deny the claim. Human Trafficking Appeals may be filed with the agency director by written notification of the reason for the
appeal, as well as providing additional In order to qualify for compensation, the information for reconsideration of the original following factors must be met: request. If the original decision is upheld, the victim/claimant may request, in writing, a The crime must have occurred in meeting with agency staff and an independent New Mexico. victim advocate. If the victim/claimant does A police report must have been not agree with the outcome of this meeting, the filed within thirty (30) days of final step would be to request an appearance in the incident, however in cases of front of the agency Commission members. The domestic violence and sexual decision from that meeting is final.
American University, Washington College of Law 74 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements assault the victim has one hundred and eighty (180) days to file a police report. There is also an exception for minors in some cases. A completed application must be filed within two (2) years of the incident, with exceptions for minors under eighteen (18) years of age. The victim or claimant must cooperate fully with the New Mexico Crime Victims Reparation Commission and all law enforcement agencies. This includes a willingness to prosecute the offender.
New York There are no eligibility restrictions based OVS offers compensation relating to (a) Eligible individuals may apply for on immigration status. personal injury, (b) death and (c) loss of compensation using the OVS Claim for essential personal property. Compensation Application (link), which is The following individuals are eligible for available on the OVS website. OVS can also compensation from OVS: Specific covered expenses may include: refer individuals to local victim assistance programs. Individuals may also get an Note that the victim must be an Medical and counseling expenses OVS application from any police station, innocent victim of the crime Loss or damage of essential personal precinct house, or hospital emergency room Victims who were physically property (up to $500, including $100 within New York State. injured as a result of the crime for cash) Victims who are under 18, 60 Burial/funeral expenses (up to $6,000) Along with the completed application, the individual should include photocopies of: and over, or disabled, who were Lost wages or lost support (up to not physically injured $30,000) Certain relatives and dependents, Transportation (necessary court Police reports including surviving spouse, appearances for prosecution or to Insurance cards child, parent, brother, sister, related medical appointments) Receipts for essential personal stepbrother, stepsister, stepparent Occupational/vocational rehabilitation property or person primarily dependent on Use of domestic violence shelters Victim's birth certificate the victim for support Crime scene clean-up (up to $2,500) Death certificate and funeral contract Itemized medical bills
American University, Washington College of Law 75 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Those who paid for or incurred Good Samaritan property losses (up to Letters from any insurers denying or burial costs for an innocent crime $5,000) authorizing payment for the services victim Moving expenses (up to $2,500) listed on this form Child victims, a child who Proof of age (driver's license, birth witnesses a crime, and the child's certificate etc.) parent, stepparent, grandparent, N.Y. Comp Codes R. & Regs., tit. 9(m), Legal guardianship papers guardian, brother, sister, §525.12. For more information, refer to stepbrother or stepsister https://ovs.ny.gov/faq. Certain victims of unlawful Applications can be filed with OVS in person imprisonment or kidnapping or by mail, fax or electronic mail. N.Y. Comp Certain stalking victims Note that an emergency award, in an amount up Codes R. & Regs., tit. 9(m), §525.4(a) Victims of terrorist acts outside to $2,500, may be available for victims who of the US who are a resident of need compensation immediately. Such OVS also accepts online claim applications New York State emergency award may be approved if it appears through the Victim Service Portal at the Victims of frivolous lawsuits to OVS that such claim is one with respect to following link: brought by a person who which an award probably will be made and https://vsp.ovs.ny.gov/vsp/index.html committed a crime against the undue hardship will result to the claimant if victim immediate payment is not made. N.Y. Comp Applications should be directed to: Codes R. & Regs., tit. 9(m), §525.11 Albany Office Note that: With respect to victims of sexual assault, Office of Victim Services licensed provider administering a forensic Alfred E. Smith State Office Building examination to a survivor of a 80 South Swan Street, 2nd Floor A crime victim or family sexual assault must render such services without Albany, New York 12210-8002 member must exhaust all other charge and shall bill OVS directly for such Claim related fax: 518-485-8885 sources of compensation before services,unless the sexual assault survivor OVS can assist. assigns his or her private insurance benefits for For example, benefits must first the forensic examination. N.Y. Comp Codes R. be obtained from health or other & Regs., tit. 9(m), §525.12(g)(2). insurance policies or workers’ compensation before the agency can provide compensation
For more information, refer to https://ovs.ny.gov/victim-compensation. North Carolina As soon as practicable, but within 72 Victims may receive up to a maximum of The victim or legal representative may fill out N/A. hours after identifying a victim of a crime, $30,000 in compensation benefits. an application here. the law enforcement agency investigating N.C. Gen. Stat. § 15B-11(g).
American University, Washington College of Law 76 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements such crime must provide the victim with In order to receive victims’ compensation, the the following information: The following benefits may be covered under victim (or legal representative) must file an the Crime Victims Compensation fund: application for compensation within two (2) The availability of medical years of the crime. services, if needed. Medical expenses (i.e. doctors, N.C. Gen. Stat. § 15B-11(a)(1). The availability of crime victims’ hospitals, lab tests, ambulance, compensation funds and the therapy) Any economic losses must have been incurred address and telephone number of Counseling within one (1) year of the assault, except for the agency responsible for Prosthetics children under the age of ten (10) who may be compensated for losses up to two (2) years dispensing the funds. Eyeglasses after the crime. N.C. Gen. Stat. § 15B- Dental work 11(a)(2). N.C. Gen. Stat. § 15A-831(a). Wheelchair ramp/widening of doors
Hospital bed Every claim will be investigated. There are no eligibility restrictions based Crime scene cleanup such as door or North Carolina Department of Public Safety on immigration status. window locks, car interiors (cleaning website
of blood) The victim must report the crime within a The North Carolina Crime Victims 72 hour period after it has occurred. N.C. Gen. Stat. § 15B-4(a); North Carolina Compensation Commission meets quarterly to N.C. Gen. Stat. § 15B-11(a)(3). Department of Public Safety website review applications.
North Carolina Department of Public Safety The victim must fully cooperate with the An additional $5,000 is available for funeral website law enforcement investigation and expenses (burial, cremation and/or criminal prosecution. transportation of the body) if the victim dies. N.C. Gen. Stat. § 15B-11(c). N.C. Gen. Stat. § 15B-2(1). In order to receive compensation for a forensic
medical exam, a medical facility or medical For sexual assault victims who wish to Compensation for work loss may be available professional must file with the Program within remain anonymous, the Assistance up to $300 per week for a maximum of 26 one year of the date of the examination. Program for Victims of Rape and Sex weeks. A copy of a physician statement and N.C. Gen. Stat. § 143B-1200(c). Offenses must verify the chain of custody employer statement are required. of the rape kit and confirm receipt of the N.C. Gen. Stat. § 15B-2(14). For additional information, the contact rape kit by law enforcement. information is: North Carolina Department of Public Compensation for domestic violence victims Safety website may be available in the amount of $50 per week Office of Victim Services
per dependent child, up to $300 per week. The 4232 Mail Service Center Only medical facilities or medical victim must have been married and living with Raleigh, North Carolina 27699-4703 professionals can receive compensation their spouse at the time of the victimization; be fax (919) 715-4209 from the Program for Victims of Rape and unemployed at the time of the victimization; 1-800-826-6200 (within NC) Sex Offenses. have one or more children residing in the 1-919-733-7974 (outside of NC) NC. Gen. Stat. § 143B-1200(c). household at the time of the victimization and if
American University, Washington College of Law 77 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements the victim moves back in with the spouse, the If a rape or sexual assault victim has expenses The following persons are eligible to victim is no longer eligible for benefit. in addition to the cost of the forensic medical receive compensation benefits: N.C. Gen. Stat. § 15B-2(10a). exam, the victim can apply to receive victims’ compensation under the Crime Victims An innocent victim; Compensation will not be paid for loss/damage Compensation fund. A dependent of a deceased to personal property or pain and suffering. N.C. Gen. Stat. § 143B-1200(f). innocent victim; N.C. Gen. Stat. § 15B-4(a). A third person who provided benefit to the victim or his family All claims are paid directly to service providers, other than in the course or scope unless the victim paid for the service out of of his employment, business, or pocket and has documentation that can be profession; verified. N.C. Gen. Stat. § 15B-16(a). A person who is authorized to act
on behalf of a victim, a For more information on coverage by the Crime dependent, or a third person Victims Compensation fund: North Carolina described in the bullet above; Department of Public Safety website A person who was convicted of
his or her first prostitution A medical facility or medical professional may offense and whose participation be compensated up to $800 for the cost of in the offense was a result of forensic exam. having been a trafficking victim N.C. Gen. Stat. § 143B-1200(d). under G.S. 14-43.11 or G.S. 14- 43.13 or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)).
N.C. Gen. Stat. § 15B-2(2).
Compensation is only awarded for crimes that occur or are attempted in North Carolina except that a crime that occurs or is attempted against a resident of North Carolina while in another state which does not have a victims compensation program of any type may be a basis of compensation. N.C. Gen. Stat. § 15B-4(b).
American University, Washington College of Law 78 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements North Dakota There are no eligibility restrictions based Maximum compensation benefits must not Absent good cause, an application must be A report will be on immigration status. exceed $25,000. filed within one (1) year from the date the transmitted N.D. Cent. Code § 54-23.4-06(8). crime was reported to law enforcement. biennially to the A victim is a person who suffers bodily N.D. Cent. Code § 54-23.4-06(2). governor and injury or death as a result of criminally The compensation includes: legislative injurious conduct, the good-faith effort of The claimant must complete an application assembly, which any person to prevent criminally injurious medical care, rehabilitation, (available here) and file it with the ND will include a brief conduct, or the good faith effort of any rehabilitative occupational training and Department of Corrections. description of the person to apprehend a person suspected of other remedial treatment and care; facts, the engaging in criminally injurious conduct. work loss (not to exceed $300 per If a claim is reduced or denied, the claimant compensation N.D. Cent. Code § 54-23.4-01(8). week); may request a rehearing or appeal the awarded in each replacement services loss (expenses decision. The claimant must be notified of the case and a summary A claimant may be the victim, a incurred for services the claimant right to rehearing or appeal. of claims and dependent of a deceased victim or a would normally have performed) N.D. Cent. Code § 54-23.4-07. awards made. representative of either. N.D. Cent. Code § dependent's economic loss (loss of N.D. Cent. Code § 54-23.4-01(2). 54-23.4-16. deceased wages); and
funeral expenses (not to exceed The crime must be reported to law $5,000). enforcement within 96 hours after its occurrence; provided that in the case of child abuse or sexual molestation of a N.D. Cent. Code § 54-23.4-01(7); N.D. Cent. child, the crime must be reported to law Code § 54-23.4-06(7). enforcement by age 21. N.D. Cent. Code § 54-23.4-06(4). Compensation is only provided if no other source of reimbursement is available. The claimant must reasonably cooperate N.D. Cent. Code § 54-23.4-06(6)(a). with law enforcement. N.D. Cent. Code § 54-23.4-06(5). A forensic medical examination includes an acute medical examination, a child forensic The claimant must have been an medical examination and any medical screening accomplice of the offender. examination. The service provider will be N.D. Cent. Code § 54-23.4-06(3). reimbursed either a flat fee of $400 or a flat fee of $700 if Colposcope was used. The award may be reduced or withheld North Dakota Attorney General website because of the claimant's contributory misconduct. N.D. Cent. Code § 54-23.4-06(6).
The Crime Victims Compensation fund covers victims who have been injured in a
American University, Washington College of Law 79 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements crime occurring in North Dakota or who are North Dakota residents who were injured where a compensation program is not available. N.D. Cent. Code § 54-23.4-06(1).
The Crime Victims Compensation fund covers North Dakota residents who were injured by an act of terrorism in a foreign country. N.D. Cent. Code § 54-23.4-01(4).
A victim of sexual assault/rape is not responsible for the costs associated with the forensic medical examination. The forensic medical examination must be performed within 96 hours of the alleged crime. N.D. Cent. Code § 12.1-34-07(1). Ohio There are no eligibility requirements Payments can cover: An application for compensation must be N/A. based on immigration status. completed and filed with the Ohio Attorney Medical and related expenses. General's office. The application shall be in a A claimant can be: Counseling for immediate family form prescribed by the attorney general and members of victims of homicide, shall include a release authorizing the attorney a victim who at the time of the sexual assault, or domestic violence general and the court of claims to obtain any crime was a resident of the U.S. (up to $2,500 per member, maximum report, document, or information that relates to or a resident of a foreign country $7,500 in the aggregate). the determination of the claim for an award of the laws of which permit Wages lost because of the crime. reparations that is requested in the application. Ohio Rev. Code Ann. § 2907.56(A). residents of Ohio to recover Crime scene cleanup for personal
compensation as victims of security, such as doors and windows The attorney general or the court of claims crimes committed in that (up to $750). may require the claimant to supplement the country; The cost to replace items taken as application for an award of reparations with a dependent of a deceased evidence (up to $750). any reasonably available medical or victim; The cost to replace items of clothing a third party responsible for the psychological reports relating to the injury for damaged as a result of medical which the award of reparations is claimed. victim's expenses, such as treatment or assessment. parents or guardians; Ohio Rev. Code Ann. § 2907.62(D). Payment for hearing aids, eyeglasses or a legal representative of a victim; other vision aids, dental appliances, The attorney general shall make a written teeth or other dental aids, canes, finding of fact and decision within 120 days
American University, Washington College of Law 80 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements the estate of a deceased victim. walkers, wheelchairs, and other after receiving the claim application. mobility equipment. Ohio Rev. Code Ann. § 2907.59(E). Ohio Rev. Code Ann. § 2743.51(A)(1). Lost wages and travel expenses for family members of a deceased victim If the claimant does not agree with the initial A claimant can also be: to attend court proceedings (up to $500 decision, he or she may file a request for per member, maximum $2,000 in the reconsideration with the attorney general not aggregate). later than 30 days after the attorney general a victim who had a permanent renders an initial decision. place of residence within Ohio at Financial support for dependents of a deceased victim. Ohio Rev. Code Ann. § 2907.61(A). the time of the crime and who, at
the time of the crime, complied Funeral and burial expenses (up to A claimant may appeal an award of with any one of the following: $7,500). reparations, the amount of an award of Ohio Rev. Code Ann. §§ 2743.51(F)-(J); (N)(1); reparations, or the denial of a claim for an (i) had a permanent place of employment award of reparations that is made by a final in this state; (T)-(U). decision of the attorney general after any (ii)was a member of the regular armed reconsideration. forces of the United States or of the The maximum total payments are limited to $50,000. Ohio Rev. Code Ann. § 2907.61(B). United States coast guard or was a full- time member of the Ohio organized Ohio Rev. Code Ann. § 2743.60(I). Notices of an appeal concerning an award of militia or of the United States army reparations shall be filed within 30 days after reserve, naval reserve, or air force reserve; The Attorney General’s Office will not pay victims for expenses that can be covered by any the date on which the award or the denial of a (iii) was retired and receiving social claim is made by a final decision of the security or any other retirement income; other available sources, such as insurance. Ohio Rev. Code Ann. § 2743.59(C)(5). attorney general. (iv) was sixty years of age or older; Ohio Rev. Code Ann. § 2907.61(C). (v) was temporarily in another state for An emergency award of up to $2,000 may be the purpose of receiving medical If the final decision of the attorney general treatment; payable if a victim would suffer undue hardship without immediate economic relief and if a final with respect to any claim for an award of (vi) was temporarily in another state for reparations is appealed, the court of claims, the purpose of performing employment- award is likely. Ohio Rev. Code Ann. § 2743.67. within 90 days of receiving the notice of related duties required by an employer appeal, shall schedule and conduct a hearing located within Ohio as an express Victims of sexual assault/rape do not need to on the appeal. The court shall determine the condition of employment or employee appeal within 60 days from the date of the benefits; cover the costs of medical exams (including any antibiotics costs or HIV-exposure prophylaxis hearing on the basis of the record of the (vii) was temporarily in another state for hearing before the court, including the original the purpose of receiving occupational, costs). The hospital or medical facility shall bear such costs. award or denial and the finding of fact of the vocational, or other job-related training or attorney general, any information or instruction required by an employer Ohio Rev. Code Ann. § 2907.28(A). documents that the attorney general used in the located within Ohio as an express investigation, any information or data provided condition of employment or employee to the attorney general, any briefs or oral benefits; arguments that may be requested by the court,
American University, Washington College of Law 81 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements (viii) was a full-time student at an and any additional evidence presented at the academic institution, college, or university hearing. The decision of the court is final. located in another state; Ohio Rev. Code Ann. § 2907.61(B). (ix) had not departed the geographical boundaries of Ohio for a period exceeding Applications can be found here. thirty days or with the intention of becoming a citizen of another state or establishing a permanent place of residence in another state.
a dependent of a deceased victim; a third party responsible for the victim's expenses, such as parents or guardians; a legal representative of a victim; the estate of a deceased victim.
Ohio Rev. Code Ann. § 2743.51(A)(2).
The victim must report the crime to and cooperate with law enforcement. Ohio Rev. Code Ann. §§ 2743.60(A), 2743.60(C).
Crimes not covered by Crime Victim Compensation include conduct arising out of the ownership, maintenance, or use of a motor vehicle, except when any of the following applies:
The person engaging in the crime intended to cause personal injury or death; The person engaging in the crime was using the vehicle to flee immediately after committing a felony or an act that would constitute a felony but for the
American University, Washington College of Law 82 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements fact that the person engaging in the conduct lacked the capacity to commit the felony under the laws of this state; The person engaging in the crime was using the vehicle in a manner that constitutes an was under the influence of alcohol or drugs; or The person engaging in the crime committed aggravated vehicular assault.
Ohio Rev. Code Ann. § 2743.51(C).
A victim's contributory misconduct may affect the award of compensation. Ohio Rev. Code Ann. § 2743.60(F).
A claimant is not eligible if he or she is the offender or accomplice of the offender. Ohio Rev. Code Ann. § 2743.60(B)(1)(a).
A claimant is not eligible if convicted of a felony within 10 years of the crime occurring. Ohio Rev. Code Ann. § 2743.60(E)(1).
A claimant is not eligible if the victim was a minor and did not file within two years of his or her eighteenth birthday or two years from the date a complaint, indictment, or information is filed against the alleged offender, whichever is later. Ohio Rev. Code Ann. § 2743.56(B)(1). Oklahoma Per the Crime Victim’s Compensation The maximum award for all services The application is available here. It must be N/A. Unit of the Oklahoma District Attorney compensated through the Crime Victims mailed to the Crime Victims Compensation office, there is no restriction on the Compensation Program may not exceed Board headquarters.
American University, Washington College of Law 83 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements availability of compensation based on $20,000. immigration status. Okla. Stat. tit. 21, § 142.13(B). The administrator of the Crime Victims Compensation Board may determine initial A primary requirement is that the crime be Assistance is available for the following types of victims' claims and any victim's claim up to one in which the victim suffered physical expenses: $10,000.00. The Board shall hear and or psychological harm or death as a result determine all matters relating to claims for of a violent crime. Medical care (doctor exams, dental compensation of Ten Thousand Dollars Okla. Stat. tit. 21, § 142.3(14). work, hospital treatment, hospital stay, ($10,000.00) or more and may hear claims artificial limbs, prescriptions and eye under $10,000.00. Eligible claimants are the victim, a glasses); Okla. Stat. tit. 21, § 142.5. dependent of a deceased victim, or a Wage loss; person authorized to act on behalf of the Replacement services; Every party to the claim shall be afforded an victim. opportunity to appear and be heard and to offer Survivor benefits; Okla. Stat. tit. 21, § 142.3(3). evidence and argument on any issue relevant Crisis counseling within 3 years of the to the claim, and to examine witnesses and crime not to exceed $3,000 for each The crime must have occurred in offer evidence in reply to any matter of an family member of a homicide victim; Oklahoma or against a resident of evidentiary nature in the record relevant to the Oklahoma in a state that does not have an Individual counseling sessions for claim. eligible crime victims compensation victims not to exceed $3,000; Okla. Stat. tit. 21, § 142.8(A). program. Inpatient mental health treatment will Okla. Stat. tit. 21, § 142.3(5). be considered for compensation not to If the mental, physical or emotional condition exceed $20,000; of a claimant is material to a claim, the Crime Crimes do not include those acts Funeral, cremation or burial expenses Victims Compensation Board upon good cause involving the negligent maintenance or not to exceed $7,500; shown may order the claimant to submit to a use of a motor vehicle, unless: Homicide clean up costs not to exceed mental or physical examination. $2,000; and Okla. Stat. tit. 21, § 142.9(B). Caregiver loss of support not to exceed The offender was under the influence of an intoxicating $3,000. Claims usually take several months to substance; complete due to all of the documentation that The offender intended to injure Okla. Stat. tit. 21, § 142.13. is required. or kill; Oklahoma District Attorneys Council website The act involved willful, Pain and suffering and property losses are malicious or felonious failure to eligible for compensation. A victim must request reconsideration of a stop after being involved in a Okla. Stat. tit. 21, § 142.3. decision 6 months from the date of the last personal injury accident. action by the Board on the claim at issue. Compensation is available to the extent it is not Okla. Stat. tit. 21, § 142.10(D). available from other sources. Okla. Stat. tit. 21, § 142.3(5). Okla. Stat. tit. 21, § 142.10(B)(1). In order for a victim of sexual assault to
receive compensation for a forensic medical The crime must have been reported to law A victim of sexual assault may apply to have the exam, the victim must submit an application
American University, Washington College of Law 84 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements enforcement within 72 hours of the Sexual Assault Examination Fund pay a medical signed by the victim or guardian and health incident. The Board or administrator may service provider for a medical forensic care professional. find good cause for failure to report within examination and related medication up to an Okla. Stat. tit. 21, § 142.20. this period. amount of $450 for the exam and $50 for the Okla. Stat. tit. 21, § 142.10(A)(4). medication. Okla. Stat. tit. 21, § 142.20(C). The claim for compensation must be filed within one (1) year of the crime-related injury of the victim. The one (1) year deadline may be waived and extended to two (2) years for good cause, and may be extended beyond two (2) years only in child sexual assault cases. If the victim is mentally handicapped or is a child under eighteen (18) years of age, the Board may use the date the criminal incident was disclosed to a responsible adult, when establishing whether or not the claim was timely filed. Okla. Stat. tit. 21, § 142.10(A)(1).
The claimant is required to fully cooperate with the police, prosecution and other law enforcement entities during the investigation and prosecution of the offender. Okla. Stat. tit. 21, § 142.10(C).
Compensation shall not be awarded to a claimant if it would benefit the offender or an accomplice, and the claimant must not have been the offender or accomplice. Okla. Stat. tit. 21, § 142.10(A)(2).
Compensation that could be awarded to a claimant shall be reduced or denied, depending on the degree of responsibility for the injury or death that is attributable to the victim. Okla. Stat. tit. 21, § 142.10(B)(2).
American University, Washington College of Law 85 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Oregon There are no eligibility restrictions based The maximum amount of compensation that The application can be found here. N/A. on immigration status. Moreover, the may be awarded, in aggregate, to the victim and application states “You are not required to the survivors and dependents of a deceased If the applicant disagrees with the be a US Citizen to apply for Crime Victim victim is $47,000. Compensation is available compensation award, the applicant may Compensation.” for: request review by the Department of Justice. The Department shall reconsider any order for A victim is any person: Reasonable medical and hospital which a request for review is received. The expenses, including counseling Department shall notify the applicant of its Killed or injured in Oregon as a expenses, up to $20,000. decision on review within 30 days of the result of a compensable crime Funeral expenses, up to $5,000. department’s receipt of the request for review. perpetrated or attempted against Document loss of support to Or. Rev. Stat. § 147.145. that person; dependents of homicide victims, Killed or injured in Oregon while maximum rate of $400 per week, up to Any applicant who requests review by the attempting to assist a person $20,000. Department of Justice and who disagrees with the decision of the department on review may against whom a compensable Victim’s documented loss of earning, appeal to the Workers’ Compensation crime is being perpetrated or maximum rate of $400 per week, up to Board. The request for hearing shall be in attempted, if that attempt of $20,000. writing. The request shall include the assistance would be expected of Grief counseling expenses for relatives applicant’s address, shall be signed by the a reasonable person under the of homicide victims, up to $20,000 for applicant and shall be mailed to the circumstances; each deceased victim. board. The board shall conduct a hearing upon Killed or injured in Oregon while Rehabilitation expense, up to $4,000. assisting a law enforcement at least 10 days’ notice by mail to all interested Counseling for children who witness persons. A record of all proceedings at the official to apprehend a person domestic abuse, up to $10,000. who has perpetrated a crime or to hearing shall be kept but need not be Mileage expenses for medical care or transcribed. The board is not bound by rules prevent the perpetration of any counseling that is more than 30 miles such crime, if that assistance was of evidence or by technical or formal rules of away from victim’s residence, up to procedure, and may conduct the hearing in any in response to the express request $3,000. of the law enforcement official; manner that will achieve substantial justice. Counseling expenses for the family of However, no evidence is admissible at a Killed or injured in another state a victim of child sexual abuse, up to hearing that has not previously been as a result of a criminal episode $20,000. considered by the Department. The decision that began in Oregon; by the board shall be final and shall not be Who is an Oregon resident killed Or. Rev. Stat. § 147.035. subject to further administrative or judicial or injured as a result of a review. compensable crime perpetrated Compensation is not provided for pain and Or. Rev. Stat. § 147.155. or attempted against the person suffering or property damage. in a state, within the United Or. Rev. Stat. § 147.035(5). The victim of a sexual assault must complete States, without a reciprocal crime the application (either provided by the medical victims’ compensation program; An individual’s benefits, such as workers provider or downloaded here). The medical or compensation, medical disability, social security provider shall submit the form with a bill for
American University, Washington College of Law 86 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Who is an Oregon resident killed or restitution are considered resources that must the medical assessment to the department. A or injured by an act of be used before receiving crime victims’ medical provider who submits a bill for international terrorism committed compensation funds. compensation may not bill the victim or the outside the United States. Or. Rev. Stat. § 147.125(1)(d). victim’s insurance carrier for the medical assessment except there is a lack of funds or Or. Rev. Stat. § 147.005(15). The Sexual Assault Victims Emergency Medical the application is denied. Response Fund will pay for both (a) a complete Or. Rev. Stat. § 147.397. An applicant for crime victims’ medical assessment which consists of a medical compensation can be: examination, the collection of forensic evidence using an evidence collection kit and the offering and, if requested, provision of emergency Any victim of a compensable contraception, sexually transmitted disease crime who applies for prevention and, for a victim who is 17 years of compensation; age or younger, prescriptions for emergency Any person who was a dependent contraception; and (b) a partial medical of a deceased victim at the time examination which consists of a medical of the death of that victim; or examination and the offering and, if requested, Any person who is a survivor of provision of emergency contraception, sexually a deceased victim. transmitted disease prevention and, for a victim who is 17 years of age or younger, prescriptions Or. Rev. Stat. § 147.005(1). for emergency contraception. Or. Rev. Stat. § 147.395. A person may also be eligible for compensation (a) for medical or funeral A hospital providing care to a female victim of expenses for the victim if the person paid sexual assault must promptly provide the victim or incurred such expenses; (b) for with unbiased, medically and factually accurate counseling expenses up to a maximum written and oral information about emergency amount of $500 if the person paid or contraception; promptly orally inform the victim incurred such expenses, was a friend or of her option to be provided emergency acquaintance of the victim and was the contraception at the hospital; and if requested by first person to discover the corpse of the the victim and if not medically contraindicated, victim; (c) for allowable expenses if the provide the victim with emergency person is the personal representative of a contraception immediately at the hospital. victim or of a survivor or dependent of a Or. Rev. Stat. § 435.254(1). deceased victim; and the person is involved in the hearing or oral argument in lieu of the victim, survivor or dependent. Or. Rev. Stat. § 147.025.
American University, Washington College of Law 87 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements All applicants must meet the following eligibility criteria:
The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim within 72 hours after its perpetration, unless good cause exists for the failure of notification; The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant or the applicant’s failure to cooperate was for good cause; The application for compensation is not the result of collusion between the applicant and the assailant of the victim; The death or injury to the victim was not substantially attributable to the wrongful act of the victim or substantial provocation of the assailant of the victim; and The application for an award of compensation is filed within one year of the date of the injury to the victim; or within such further extension of time as the department for good cause shown, allows. The fact that a victim was subjected to sexual exploitation is prima facie evidence of good cause for the victim’s failure to notify law enforcement in a
American University, Washington College of Law 88 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements timely manner or for failure to cooperate with law enforcement.
Or. Rev. Stat. § 147.015.
The Sexual Assault Victim’s Emergency Medical Response Fund will pay for the costs of (a) a complete medical assessment of a sexual assault victim if the victim gets the assessment within 84 hours after the sexual assault; and (b) a partial medical assessment of a sexual assault victim if the victim gets the assessment within 7 days after the assault. The victim does not need to report the assault to law enforcement or reveal his or her name. Or. Rev. Stat. § 147.397. Pennsylvania There are no eligibility restrictions based Compensation is limited to out-of-pocket loss A victim must fill out a claim form available N/A. on immigration status. The Manual for and loss of earnings or support, not to exceed here. Compensation Assistance states that $35,000 in total except for payment of undocumented immigrants may submit a counseling, forensic rape examinations and A victim shall provide a valid address and claim for consideration. (page 11). reasonable and necessary costs of cleaning the telephone number and any other required crime scene. information to all agencies responsible for Compensation benefits are available to 18 Pa. Stat. § 11.707(b)(1). providing information and notice to the victim. The information shall not be disclosed to any Victims of crimes committed in Out of pocket losses include: person other than a law enforcement agency, Pennsylvania (without regard to corrections agency or prosecutor’s office residency); Medical expenses, including expenses without the victim’s prior consent. Residents of Pennsylvania who for prosthetic devices, wheelchairs, 18 Pa. Stat. § 11.211. are victims of acts that would be canes, walkers, hearing aids, eyeglasses a crime under Pennsylvania law or other corrective lenses, dental The Office of Victims' Services must request if they occurred in Pennsylvania; devices or prescription medications. an assessment from the mental health service or Counseling, subject to various caps. provider as to the extent the service provided Residents of Pennsylvania who Loss of earning, up to $15,000. is needed as a direct result of the crime. 18 Pa. Stat. § 11.704. are victims of an act of Loss of support in the case of a
international terrorism. deceased victim, up to $20,000. Within 30 days after receipt of a copy of the Funeral costs, up to $6,500. report containing a final decision of the Office
American University, Washington College of Law 89 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements 18 P.S. § 11.103. Travel costs to obtain medical care or of Victims' Services, the claimant may appeal counseling, subject to various the final decision of the Office of Victims' A direct victim is an individual that restrictions and caps. Services in the manner provided for appeals suffers “physical or mental injury, death Relocation, up to $1,000 per household from administrative agencies as provided in 2 or the loss of earnings.” for each direct victim. Pa.C.S. Ch. 7 Subch. A (relating to judicial 18 P.S. § 11.103. Crime scene cleanup, up to $500. review of Commonwealth agency action). Other miscellaneous costs. 18 Pa. Stat. § 11.705. The following persons shall be eligible for compensation: To apply for reimbursement for a forensic rape 18 Pa. Stat. § 11.707(b); 18 Pa. Code § 411.42. examination, the victim does nothing; the
hospital or healthcare provider completes the A direct victim. Awards made pursuant to the Act will not affect form and submits it to the Victims An intervenor. the claimant’s or direct victim’s eligibility under Compensation Assistance Program. A surviving spouse, parent or public assistance or any other Federal or state The Manual for Compensation child of a deceased direct victim social benefit or assistance program. Assistance (page 79). or intervenor. 18 Pa. Stat. § 11.707(c). Any other individual dependent for principal support upon a Forensic rape examinations will be reimbursed deceased direct victim or up to $1,000. This reimbursement will not intervenor. include expenses for analyzing evidence for Any person who assumes the DNA or the presence of Rohypnol or other obligation or who pays for the drugs. crime scene cleanup, funeral or 18 Pa. Code § 411.42(a)(3). burial expenses incurred as a direct result of the crime. A hospital must (a) provide a female sexual assault victim with written informational 18 P.S. § 11.701. materials regarding emergency contraception; (b) objectively and orally inform the victim of Victims must promptly report the crime to the availability of emergency contraception, its the proper authorities, and in no case may use, risks and efficacy; and (c) offer emergency an award be made if the report was made contraception to the victim and provide more than 72 hours after the occurrence of emergency contraception onsite upon the the crime unless: (i) the victim was under victim’s request, unless medically the age of 18 and the alleged offender was contraindicated or unless the hospital claims a a parent, a person responsible for the religious exemption. victim’s welfare, a person residing in the 28 Pa. Code § 117.53. same household or a paramour of the victim’s parent; or (ii) the Office of Victims’ Services finds that the delay was justified.
American University, Washington College of Law 90 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements 18 P.S. § 11.707(a)(3).
Similarly, no award for compensation will be made unless the direct victim or claimant has fully cooperated with all law enforcement agencies and the Office of Victims’ Services unless the Office of Victims’ Services finds such non- compliance to have been justified. 18 P.S. § 11.707(a)(4).
A claim for compensation must be filed: (i) within 2 years of the discovery of the occurrence of the crime; (ii) within two years of the death of the direct victim or intervenor as a result of the crime; or (iii) within two years of the discovery and identification of the body of a murder victim. When the victim is under the age of 18 at the time of the crime and the alleged perpetrator is the direct victim's parent or a person responsible for the direct victim's welfare, an individual residing in the same home as the direct victim or a paramour of the direct victim's parent, the filing time is extended until the victim reaches age 23 or the statute of limitations for the crime expires, whichever is greater. If the alleged perpetrator is not one of the foregoing individuals, the filing time is still extended until the victim reaches age 23 or the statute of limitations for the crime expires, whichever is greater, but only for counseling. 18 Pa. Stat. § 11.702(b).
A victim of sexual assault or rape is not responsible for the costs of a forensic rape examination or the medications prescribed
American University, Washington College of Law 91 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements to the victim. A hospital or licensed healthcare provider must submit a claim for reimbursement.
18 Pa. Stat. § 11.707(h).
Claims for reimbursement for a forensic rape examination must be filed no later than 1 year after the date of the crime. 18 Pa. Code § 411.42(a)(3). Puerto Rico There are no eligibility The following expenses, up to $6,000 per The claimant must submit in writing the restrictions based on immigration person, or up to $15,000 per family, may be application to the office located at: status. recovered through the Compensation Office and A victim who is a legal resident Victim Services and Witnesses of Crime: Physical Address of Puerto Rico who suffers Metropolitan Building Research Center and bodily injury, disease or death as Reasonable medical expenses, San Juan Complaints a direct result of the commission including chiropractic or rehabilitation, Peñuelas Street Corner of a crime in Puerto Rico is hospitalization services, and others Guarionex no. 67 eligible to receive compensation such as ambulance service, San Juan, Puerto Rico from the Compensation Office medications, medical equipment, and Victim Services and prosthetics, eyeglasses, dental Mailing Address Witnesses of Crime. 25 Laws prosthetics, and transportation Compensation Office and Victim Services P.R. Ann. § 981. expenses for medical appointments and Justice Department A victim who is a nonresident of treatments; PO Box 9020192 Puerto Rico who suffers bodily Reasonable expenses incurred for San Juan, PR 00902-0192 injury, disease or death as a psychological or psychiatric treatment, direct result of the commission of including medication and The application can be found online at a crime in Puerto Rico and the transportation expenses. http://www.justicia.pr.gov/wp- jurisdiction in which he/she Income that the victim would have content/uploads/2015/05/Solicitud_Compensa resides does not provide for earned if he/she or his/her family had ci%C3%B3n_2014.pdf. compensation to victims of not suffered the injury; The claimant must enclose with the application crime, is eligible to receive Reasonable funeral, burial or cremation all the medical reports available regarding the compensation from the expenses (up to $3,000); injury for which compensation is requested, Compensation Office and Victim If the victim dies as a result of the provide personal information concerning the Services and Witnesses of crime, reasonable expenses incurred for victim and the claimant, and provide Crime. Id. the psychological or psychiatric information concerning the crime. A person who is related to the treatment of the surviving claimants of
victim by legal or consensual the victim, who resided with the latter, Further information can be found online at ties, consanguinity or affinity up or up to a second degree of http://www.justiciaretomatuvida.com/ or by
American University, Washington College of Law 92 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements to the second degree that resides consanguinity even when not residing telephone at (787) 721-3997 or (787) 722- with him/her at the time of with the victim (up to $1,000); 7500 or (787) 723-2276. events, is eligible to receive If the victim dies as a result of the compensation from the crime, loss of support (up to $1,000) to Upon receipt of the application, the Director Compensation Office and Victim the surviving claimants of the victim shall investigate and resolve all the claims and Services and Witnesses of Crime. who resided with the latter, or up to a shall ensure the rights of the parties. Any Id. second degree of consanguinity that did claimant who is not satisfied with the decision not reside with the victim, and who of the Director may request a reconsideration A person who depends on the shall not receive any benefits other of the decision. 25 Laws P.R. Ann. § 981k. victim for more than fifty percent than government financial aids; (50%) of his/her subsistence Transportation expenses to relatives expenses is eligible to receive who cared for the victim (up to compensation from the $1,000); Compensation Office and Victim Attorney fees or costs (up to $1,500); Services and Witnesses of Losses due to mental anguish and Crime. Id. suffering are not recoverable. A person who is a legal resident of Puerto Rico and persons who 25 Laws P.R. Ann. § 981h. are not residents that suffer damages or death for a crime In case of permanent physical injuries of a related to an act of terrorism that catastrophic nature, the Director of the Office occurred in Puerto Rico is may grant compensation which exceeds the eligible to receive compensation allowed limit, up to a maximum of twenty-five from the Compensation Office thousand dollars ($25,000). 25 Laws P.R. Ann. and Victim Services and § 981h. Witnesses of Crime. Id. Legal residents of Puerto Rico The amount eligible to be recovered by the who are victims to terrorism victim or claimant shall be reduced by other outside of the jurisdiction of the benefits received for compensable damages United States of America or in including from the following sources: any state that does not have a crime victims compensation The accused; program in effect. Id. The United States Government or any A person who suffers an injury or other subsidiary federal agency or the dies on being attacked for Government of the Commonwealth of preventing or trying to prevent Puerto Rico; the commission of a crime is Social Security Programs, including eligible to receive compensation Medicare and Medicaid; from the Compensation Office
American University, Washington College of Law 93 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements and Victim Services and Insurance, including but not limited to, Witnesses of Crime. Id. employer’s insurance, nonoccupational disability insurance, or medical insurance; The “Automobile Accident Social To be eligible one must be a Protection Act;” or victim of one of the following Any other donation or contribution crimes: murder, manslaughter, obtained by the victim that negligent homicide, sexual compensates the same damages assault, kidnapping, aggravated covered by the Compensation Office kidnapping, child abduction, and Victim Services and Witnesses of domestic violence, child abuse Crime. lewd acts and aggravated robbery when physical injury is inflicted 25 Laws P.R. Ann. § 981i. to the victim. 25 Laws P.R. Ann. § 981d. Every natural or juridical person that enters into The victim must report to law a contract with a convict or person accused of a enforcement the commission of crime in order to recreate the commission of the criminal conduct that caused said crime, which includes statement of the the injury within ninety-six (96) thoughts, feelings, opinions or emotions of the hours, unless there is just cause convict or defendant by means of a written for the delay. 25 Laws P.R. Ann. document, book, magazine article or other § 981f. literary expression, movie, recording, radio or The victim must cooperate with television appearance, live show or any other the corresponding authorities in representation, shall submit to the Office a copy all phases of solving and of any agreement or contract entered into with prosecuting the persons the convict or defendant and shall remit half of responsible for committing the the money collected from said agreement or crime. Id. contract which correspond to the convict or The victim must apply for the defendant to his legal representative, relative, benefits within six (6) months participant or conspirator. The Office shall following the date of the crime, deposit said sum in the Special Fund created by unless there is just cause. Id. virtue of this chapter in a reserve account, which shall be used to compensate any victim of the convict or accused, as provided below. In order
to be eligible to receive these benefits, the A victim is not eligible for compensation victim should have filed a civil suit for damages when one or more of the following within five (5) years following the date of the circumstances are present: crime. If the victim cannot be identified or located, the Office has the obligation to publish
American University, Washington College of Law 94 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements an edict every six months for five years to give The crime is committed while the notice of the money. If the person is not victim is confined in a penal convicted for the commission of the crime, the institution or has not served the Office shall immediately reimburse all of the total penalty imposed; money deposited into the reserve account. 25 The victim was engaged in Laws P.R. Ann. § 981l. criminal conduct at the time of the crime; The crime occurred prior to July 1, 1998; The claimant received compensation for the same crime from a crime victim compensation program; The benefit to be granted to the victim turns out to be in favor, wholly or partially, of the person who directly committed the crime; or The victim attempts to obtain the benefits through fraud or the use of false information.
25 Laws P.R. Ann. § 981e. Rhode Island There are no eligibility Compensation is limited to $25,000, plus Applicants must submit an application to the restrictions based on immigration attorneys’ fees, for: Treasury Department. status. To be eligible one must be a Medical, dental and counseling Applications can be downloaded from the victim of one of the following expenses Treasury website at crimes: assault, mayhem, Relocation expenses http://www.treasury.ri.gov/treasury- indecent assault and battery, Funeral and related expenses divisions/crime-victim-compensation- program/ or requested by calling 401-462- arson, kidnapping, robbery, Crime scene related expenses 7694 or by mail at the address below murder, manslaughter, first or Loss of earnings second degree sexual assault, Other expenses child molestation, driving under Completed application can be mailed to: the influence of alcohol or drugs, or driving so as to endanger. R.I. R.I. Gen. Laws §§ 12-25-21 and 12-25-22; see Crime Victim Compensation Program Gen. Laws § 12-25-20. also Crime Victim Compensation Program Office of the Rhode Island General Treasurer (C.V.C.P.) Rule 1.06 and 1.07. 50 Service Ave
American University, Washington College of Law 95 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The crime must be reported to Warwick, RI 02886 the appropriate law enforcement In determining whether to award compensation authority within ten (10) days of and the amount of compensation, the following The application requires victim information, its occurrence, unless good cause circumstances are relevant: claimant information (including social security is shown for any delay. If the numbers for each), information regarding the victim is under the age of 18 at Compliance by the victim with the type, time, and place of the crime, how it was the time of the crime the reasonable requests of law enforcement reported, expenses requested (including copies application period is extended. agencies and personnel. of bills), whether the claimant is insured, other R.I. Gen. Laws § 12-25-22. Violent felonious criminal conduct of general information, and a copy of the The victim must cooperate with the victim committed within the past claimant’s valid photo identification. the reasonable requests of law five years or subsequent to his or her enforcement. injury. Once the application is received, the Crime The crime must have occurred Any conviction of a crime of violence Victim Compensation Program gathers all of within the physical confines or by the victim. the pertinent information and verifies the expenses. maritime jurisdiction of Rhode The behavior of the victim which
Island. R.I. Gen. Laws § 12-25- directly or indirectly contributed to his Once the applicant receives notice of an award 19(a). or her injury. or denial, he or she has fifteen (15) days to If the crime did not occur within Any individual who is incarcerated at appeal by submitting a written request for Rhode Island, then the victim (1) any criminal institutional facility at the reconsideration. After the administrator must have his or her residence in time of his or her injury is ineligible to reconsiders the application and makes a final the state of Rhode Island, (2) had receive an award of compensation. residence in the state at the time decision,the applicant can petition the state that the offense occurred, and (3) superior court for judicial review pursuant to R.I. Gen. Laws § 12-25-19(d). is not entitled to compensation of the Administrative Procedures Act, R.I. Gen. any kind from the state, Laws § 42-35-15 and § 12-25-18(h). possession or territory or district of the United States in which the For more information see offense occurred. Id. http://www.treasury.ri.gov/treasury- If the crime involves an act of divisions/crime-victim-compensation- terrorism either outside the program/. United States or within the United States, then the victim must have his or her residence in the state of Rhode Island and have residence at the time that the offense occurred. Id. An award may be made whether or not any person is prosecuted or convicted of any offense
American University, Washington College of Law 96 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements arising out of the act. R.I. Gen. Laws § 12-25-19(f). The victim must seek compensation within three (3) years after the date of the personal injury or death. R.I. Gen. Laws § 12-25-22.
South Carolina By statue, the eligibility requirements to A victim is defined as a person who suffers To apply for State Office of Victim Assistance receive reimbursement from the State direct or threatened physical, emotional or print and complete the application found on its Office of Victim Assistance (“SOVA”) financial harm as the result of an act by website at are: someone else, which is a crime. The term http://sova.sc.gov/documents/SOVAapplicatio victim includes immediate family members of a n_2016.pdf. The completed application can be The law does not specifically homicide victim or of any other victim who is mailed to: exclude immigrants from either incompetent or a minor. The term also receiving compensation benefits. includes a minor who is a witness to a domestic State Office of Victim Assistance The crime must have occurred in violence offense. S.C. Code Ann. § 16-3- 1205 Pendleton Street, Room 401 South Carolina or the victim was 1110(8). Columbia, South Carolina 29201 a resident of South Carolina when the crime was committed Based on eligibility and the individual needs of in another state or outside the the crime victim, the State Office of Victim All applications must be received within 180 United States if the crime is Assistance is authorized to provide up to a total days from the date of the incident or the terrorism. If the crime occurs of $15,000, unless extraordinary circumstances discovery of crime. For good cause, the outside of the state of South exist and then the maximum reimbursement is deadline can be extended, but not to more than Carolina, the award payable must $25,000. S.C. Code Ann. § 16-3-1188(C). The four years. S.C. Code Ann. § 16-3-1230. be reduced by the amount paid or victim may seek reimbursement for the payable under the laws of following expenses: The application requires personal information another state. S.C. Code Ann. § of the applicant and victim, including the last 16-3-1210. Medical and dental services provided five digits of the applicant’s social security The victim must have been by a licensed professional with proper number, information on the crime and how it directly injured, physically or documentation. S.C. Code Ann. § 16-3- was reported, information and copies of emotionally. S.C. Code Ann. § 1188(A)(1). itemized bills, insurance information, 16-3-1170. Counseling services. Id. information on lost wages with documentation, civil action information (if applicable), and The victim must not have Lost wages, provided that the claimant referral source information. initiated, provoked, caused, or is deprived of that income for at least
contributed to the incident. S.C. two weeks and the loss is not After a reimbursement decision is received, Code Ann. § 16-3-1200. reimbursable. S.C. Code Ann. § 16-3- 1188(A)(3). applicants have 30 days to request a hearing on appeal. The appeal is a live hearing before a
American University, Washington College of Law 97 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The victim must not have been Reasonable and customary charges for three member panel of the Crime Victim’s engaged in any illegal activity at employment retraining or rehabilitative Advisory Board, and that panel may subpoena the time of the incident. Id. services. S.C. Code Ann. § 16-3- documents. S.C. Code Ann. §§ 16-3-1120 - The victim must not be injured 1188(A)(4). 1140. while confined in any federal, Funeral expenses of up to $4,000. S.C. state, county, or municipal jail or Code Ann. § 16-3-1188(A)(5) For additional information see the State Office prison. S.C. Code Ann. § 16-3- of Victim Assistance’s website at 1310. http://sova.sc.gov/rights.html. The victim must cooperate with The State Office of Victim Assistance does not the State Office of Victim pay for the following: Assistance. S.C. Code Ann. § 16-3-1170. property damage
The victim must cooperate with property replacement loss law enforcement. Id. non-criminal related traffic offenses The crime must have been pain and suffering reported to law enforcement relocation expenses within 48 hours, unless there are special circumstances or causes which justify the delay.. Id. The claim must have been filed An award may be made only it and to the extent within 180 days from the date of that the amount of the loss exceeds $100. This the incident or the discovery of limitation may be waived in the interest of crime and the crime must not justice and must be waived upon a showing that have occurred more than four the claimant is at least 65 years old. S.C. Code years ago. S.C. Code Ann. § 16- Ann. § 16-3-1188(D). 3-1230. The State Office of Victim Assistance is the payer of last resort and crime victims must utilize private insurance, Medicaid, or other third party payers before requesting the State Office of Victim Assistance for service. S.C. Code Ann. § 16-3-1190.
Victims of criminal sexual conduct or child sexual abuse must not bear the cost of his or her routine medicological exam following the assault. These exams must include treatment for sexually transmitted diseases and must include medication for pregnancy prevention if
American University, Washington College of Law 98 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements indicated and if desired. S.C. Code Ann. § 16- 3-1350. South Dakota Crime victims, a family member of a Claimants can recover up to $15,000 for any To apply, the claimant must complete a Crime deceased victim, or a person authorized to reasonable expenses that are a direct result of Victims’ Compensation Application form. act on behalf of a victim or a dependent the personal injury or death of a victim, Forms are available from all local law are eligible to apply for compensation including: enforcement agencies, the Department of whether or not the crime is a tribal, state Social Services, the Office of the Attorney or federal crime. Medical and hospital expenses, which General, or online at includes the cost of medical and dental https://dss.sd.gov/formsandpubs/docs/ELDER There is no eligibility restrictions services, mental health counseling, LY/CVCApplication.pdf. based on immigration status. dental and prosthetic devices, The crime must have occurred on eyeglasses and corrective lenses; Applications should be returned to or after July 1, 1992. Mental health counseling expenses; The crime must be reported to Mileage; Department of Social Services Division of Adult Services and Aging law enforcement within 5 days of Funeral and burial expenses; Crime Victims’ Compensation Program its occurrence or when a report Loss of earnings or support; could reasonably have been 700 Governors Drive Homicide scene cleanup expenses; Pierre, SD 57501-2291 made. S.D. Codified Laws § Replacement costs for personal 23A-28B-25. property used as evidence; and For further information in completing the The claim for compensation must Other similar expenses. application, the claimant can call (605) 773- be filed within 1 year of the 6317 or 1-800-696-9476 (in state only) or go crime unless good cause is online to shown for the delay in filing. Id. S.D. Codified Laws §§ 23A-23B-1 and 23A- https://dss.sd.gov/keyresources/victimservices/ The victim and claimant must 23B-21. . reasonably cooperate in the
investigation and prosecution of Emergency awards of up to $1,000 may be The application requires the applicant to the incident. Id. made under extraordinary circumstances. An provide victim and claimant information, Compensation cannot be paid to award may be made for immediate verifiable including social security numbers of each, a claimant if it would unjustly needs as a result of loss of income or support, information on the circumstances of the crime benefit the offender or an emergency medical expenses or funeral and subsequent police investigation, accomplice. Id. expenses. Any emergency award will be employment and earnings information, The victim cannot contribute to deducted from the final award and must be insurance and benefits information, medical the crime or the injury nor have deducted from expenses already incurred. S.D. bills, evidence of other expenses and losses, committed a crime at the time of Codified Laws § 23A-28B-27. and beneficiary and dependent information. the incident. Claims may be denied based upon The South Dakota Crime Victims’ All applications are investigated by the contribution/conduct. Id. Compensation Program is a last resort for Department of Social Services, which verifies The crime must have occurred payment. Any award of victims’ compensation all information and issues an order for within the State of South reimbursement. A claimant can appeal a
American University, Washington College of Law 99 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Dakota. If a resident of South shall be reduced by the amount of payment decision of the Department within 15 days of Dakota is a victim of a crime, but received from any other source, including: being notified of the decision. Appeals are the crime occurred outside the considered in a live hearing, with at least 30 boundaries of the state, the The offender or any third party who is days’ notice to the claimant. resident has the same rights as if liable for the offender's conduct; the crime occurred within the The government of the United States or state upon a showing that the any agency thereof, a state or any of its state, territory or country in political subdivisions, or an which the crime occurred does instrumentality of two or more states, not have a crime victims’ unless the law providing for such compensation law which covers benefits mandates that they be excess the injury or death suffered by or secondary to benefits available the resident. S.D. Codified Laws under this chapter; §§ 23A-28B-1 and 23A-28B-2. Social security, medicare, and medicaid; Temporary non-occupational disability A “victim” or a family member who has insurance; suffered personal injury or death as a Workers compensation; direct result of (1) crime, including a Any wage continuation program of an federal crime occurring in this state; (2) a employer; good faith effort by the person to prevent Any proceeds of a contract of the commission of a crime; or (3) a good insurance payable to the victim for faith effort by the person to apprehend a economic loss sustained as a result of person suspected of engaging in a crime, the crime; or may file a claim for compensation from Any contract providing prepaid the South Dakota Crime Victims’ hospital or other health care services or Compensation Program. S.D. Codified benefits for disability. Laws § 23A-28B-25(12). S.D. Codified Laws § 23A-28B-22.
Not all victims qualify for assistance. No compensation will be awarded if:
The victim substantially contributed to his or her injury. S.D. Codified Laws § 23A-28B-25(2)(a). The victim committed or otherwise participated in a crime which caused or contributed to the victim’s injury or
American University, Washington College of Law 100 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements death. S.D. Codified Laws § 23A-28B- 25(2)(b). The victim, or a claimant other than the victim, fails to cooperate fully with law enforcement or agency. S.D. Codified Laws § 23A-28B-25(2)(c). The award would unjustly benefit an offender or an accomplice. S.D. Codified Laws § 23A-28B-25(3).
Tennessee There are no eligibility The overall maximum benefit currently To apply for compensation, a claimant must restrictions based on immigration available under the Criminal Injuries submit in person, by mail or by fax a status. Compensation Program is $30,000. Tenn. Code completed application to A person who suffered bodily Ann. § 29-13-106(e). Compensation is provided injury as an innocent victim of a for the following: State of Tennessee violent criminal act occurring Division of Claims Administration within the borders of Tennessee, Medical and mental health expenses 502 Deadrick Street whether a state or federal (Tenn. Code Ann. §§ 29-13-106 and Nashville, TN 37243-020 crime. Tenn. Code Ann. §§ 29- 29-13-107); Fax: (615)532-4979 13-102, 29-13-104, and 29-13- Mental health counseling for certain 105. relatives of a victim (not to exceed The application can be found online at A resident of Tennessee who was $3,500) (Tenn. Code Ann. § 29-13- http://treasury.tn.gov/injury/PDFs/application. an innocent victim of a violent 107(6)); pdf. crime that occurred in another Lost wages due to physical inability to state that does not have a work and reimbursement is based on For additional information, a claimant may victims’ compensation the weekly wage at the time of the contact the Criminal Injuries Compensation program. Tenn. Code Ann. § 29- injury (Tenn. Code Ann. §§ 29-13- Program by phone at (615) 741-2734. 13-104(5). 106(6) and 29-13-107); The application requires the victim or claimant Dependents of a homicide victim Permanent impairment, including up to to provide personal information, including his are eligible to receive 85% of the claimant’s average weekly or her social security number or taxpayer id benefits. Certain relatives may wage (Tenn. Code Ann. §§ 29-13- number, information concerning the crime, also qualify for medical and 106(a)(2) and 29-13-107(1)); information concerning insurance and funeral expenses, and in some Pain and suffering for victims of sexual financial assistance, and documentary support cases, dependency, mental health assault (not to exceed $3,000); of the eligible expenses sought by the victim counseling and crime scene Death benefits (not to $6,000) (Tenn. cleanup. If there are no or claimant. The application also requires that Code Ann. § 29-13-107(4)); the victim or claimant provide a valid address surviving dependents, the Crime scene cleanup (not to exceed victim’s estate may qualify for or phone number and the claim may be denied ($3,000) (Tenn. Code Ann. §§ 29-13- if valid contact information is not provided. 106(a)(4) and 29-13-107(3));
American University, Washington College of Law 101 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements certain unreimbursed expenses. Property loss or damage is not covered Tenn. Code Ann. § 29-13-105. under the Program except for loss of or The Criminal Injuries Compensation Program An innocent person who damage to dental devices, medically will make every effort to honor or deny the sustained bodily injury or death related devices, artificial prosthetic claim within ninety (90) days of receipt of the while attempting to prevent a devices, eyeglasses, hearing aids, or claim. The Program will investigate the claim criminal act or in an attempt to items damaged or destroyed in and shall present any information the district apprehend a person(s) suspected processing the scene of a homicide, attorney may have in support of or in of engaging in a criminal sexual assault or aggravated assault opposition to the claim. If the claim is denied, act. Tenn. Code Ann. § 29-13- (Tenn. Code Ann. §§ 29-13-102(11), the Program shall notify the claimant and 104(3) and (4). 29-13-106(a)(8) and 29-13-107(3)); inform the claimant of the reasons for the A person who suffered a bodily Moving expenses in certain denial. The claimant may appeal the decision injury or death as a result of a circumstances when the crime occurs to the claims commission within 90 days of motor vehicle or watercraft in the victim’s primary residence receipt of the denial. Tenn. Code Ann. § 29- accident caused by an intoxicated (Tenn. Code Ann. § 29-13-106(a)(7)); 13-108. driver or by a driver who acted Travel to trial (not to exceed $1,250) with criminal intent to (Tenn. Code Ann. § 29-13-106(a)(3)); intentionally inflict injury. In Other losses; some circumstances, including if No award shall be made unless the the passenger knew or should claimant has incurred a loss of $100 or have known that the driver was has lost at least two weeks of earnings, legally intoxicated and/or under unless it is determined that the interest the influence of a drug of abuse, of justice is not served if this rule is a passenger in the vehicle or applied (Tenn. Code Ann. § 29-13- watercraft driven by the 106(d)). intoxicated driver may not qualify for compensation. Tenn. Code The Criminal Injuries Compensation Program is Ann. § 29-13-104. a fund of last resort and payment by the The victim (or the victim’s Program is secondary to all other available survivors) must report the crime benefits. Tenn. Code Ann. § 29-13- to the proper authorities within 106(f). Benefits are reduced by the amount of 48 hours after the occurrence of any other public or private insurance, workers’ the crime, unless good cause compensation benefits, or medical, health or justifies the delay. Good cause disability benefits which may be available to the may include the following victim. Id. circumstances, the victim was a minor, the victim was physically For medical-related, dental and mental health unable to report the crime, or the counseling expenses arising from crimes after victim was a victim of sexual July 1, 2008, the Program will only pay up to 75% of billed charges the program finds eligible
American University, Washington College of Law 102 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements assault or domestic abuse. Tenn. for uninsured patients services and, if applied, Code Ann. § 29-13-108(a). requires the provider to accept the payment as A claim must be filed no later payment in full if payment equals 75% of billed than one year after the charges. Tenn. Code Ann. § 29-13-107(7). occurrence of the crime, unless good cause can be established for The victim or claimant is not required to have an not doing so. Tenn. Code Ann. § attorney to complete the application 29-13-108. process. However, the victim or claimant may The victim must fully cooperate hire an attorney and her or she may be eligible with law enforcement officials in for attorneys’ fees. Tenn. Code Ann. § 29-13- the investigation and prosecution 112. of the crime. Id. The individual could not have The victim may be entitled to an emergency contributed to his or her own award of up to $500, if it is shown that the claim victimization in any way is one with respect to which an award will (directly or indirectly), such as probably be made and undue hardship will result participating in the criminal to the claimant if immediate payment is not act. Tenn. Code Ann. § 29-13- made. Tenn. Code Ann. § 29-13-114. 105(b). A person who has been convicted of an offense under federal law with respect to any time period during which the person is delinquent in paying a fine shall not be eligible to receive an award. Tenn. Code Ann. § 29- 13-105(d). An award may not be approved in cases where the compensation would benefit the person who committed the crime. Tenn. Code Ann. § 29-13-105(c).
Texas Victims of crimes may receive Compensation of up to $50,000 may be The victim or claimant must complete an At the initial compensation from the state of Texas if: available for pecuniary losses related to the application and file it with the Office of the contact or at the crime, including: Attorney General, Crime Victims’ earliest possible The crime occurred in Texas and Compensation Program, which is responsible time after the initial the victim is a Texas resident or a medical, hospital, physical therapy or for the administration of the Compensation to contact between the United States resident; nursing care; Victim of Crime Fund which receives funds victim of a reported
American University, Washington College of Law 103 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The crime occurred outside of eye glasses, hearing aids, dentures or from the state offender assessments, state crime and the law Texas (in another state or prosthetic devices, if damaged during donations, and VOCA funds. Tex. Code enforcement agency country) that does not provide or needed as a result of the crime; Crim. Proc. art. 56.31. having the compensation and the victim is a psychiatric care or counseling (up to responsibility for Texas resident; or $3,000 for crimes occurring prior to The application can be found at most polise investigating that The crime involves a Texas August 31, 2014 and for crimes and sheriff’s departments, prosecutors’ offices, crime, that agency resident who becomes a victim of occurring after September 1, 2014 the hospitals and medical centers, online shall provide the international terrorism committed limit is 60 sessions); at https://www.texasattorneygeneral.gov/files/ victim a written outside of the United States. care of a child or a dependent (for cvs/cvcapplication.pdf, or by calling the Crime notice containing: crimes occurring prior to July 15, 2016 Victims' Compensation Program in the Office Tex. Code Crim. Proc. art. 56.32(a)(11). reimbursement limited to $100 per of the Attorney General at 1-800-983-9933. information week for 90 days and for crimes about the The types of crimes covered by the Texas occurring after July 15, 2016 Victims of sexual assault who have had a availability of Crime Victims Compensation Fund reimbursement for up to one year, not medical sexual assault forensic examination emergency include crimes involving "criminally to exceed $300 per dependent); conducted at a hospital on or after September and medical injurious conduct," which is defined as loss of support (for crimes occurring 1, 2015, and incurred costs for emergency services, if conduct that occurs or is attempted, poses prior to July 15, 2016 up to $500 per medical care associated with the medical applicable; a substantial threat of personal injury or week and for crimes after July 15, 2016 sexual assault forensic examination should notice that the death and is, or would be, punishable by up to $750 per week); complete the Application for Emergency victim has the fine, imprisonment or death. This includes funeral and burial expenses (for crimes Medical Care. This application gives the right to receive sex offenses, kidnapping, aggravated occurring prior to July 15, 2016 up to victim the option to only seek reimbursement information robbery, assaultive offenses, arson, $4,500 and for crimes after July 15, for the costs for that emergency medical regarding homicide and other violent crimes in 2016 up to $6,400); care. This application is available online at compensation which the victim suffers physical or crime scene clean-up (for crimes https://www.texasattorneygeneral.gov/files/cvs to victims of a emotional harm or death. Tex. Code occurring prior to July 15, 2016 up to /application_for_emergency_medical_care.pdf crime, Crim. Proc. art. 56.32(a)(4). $750 and for crimes after July 15, 2016 . including the up to $2,250); costs that may The eligibility requirements for victims of replacement costs for clothing, The application requires the victim or claimant be to provide the following information: violence and their families are as follows: bedding, or property seized as evidence compensated or rendered unusable as a result of the under that Act There are no eligibility investigation (for crimes occurring personal information regarding the and the restrictions based on immigration prior to July 15, 2016 up to $750 and victim, including a social security amount of status. Tex. Code Crim. Proc. for crimes after July 15, 2016 up to number (if available); compensation, art. 56.32(a)(11)(A)(ii); 1 Tex $1,000); personal information regarding the eligibility for Admin. Code § 61.101(a)(10). reasonable attorney fees for assistance claimant(s) (if not the victim), compensation, The crime must occur in Texas to in filing the Crime Victims' including a social security number (if and a Texas resident or a United Compensation application and in available); procedures for States resident, or the crime must obtaining benefits; information concerning the crime, application for involve a Texas resident who including the date of the crime and compensation under that
American University, Washington College of Law 104 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements becomes a victim in another state loss of earnings as a results of the description of the nature and Act; the or country that does not have disability of the victim; circumstances of the crime; payment for a crime victims' compensation loss of wages due to medical treatment information concerning the medical medical benefits for which the victim or participation in, or attendance at, the treatment the victim received; examination would be eligible. Tex. Code investigation, prosecutorial and judicial information concerning the victim’s for a victim of Crim. Proc. art. 56.32(a)(11). processes (for crimes occurring prior to insurance (if any); a sexual The crime must be reported to July 15, 2016 up to $500 a week and information concerning psychiatric assault; the appropriate law enforcement for crimes after July 15, 2016 up to care or counseling; and referral to agency within a reasonable $700 a week); information concerning other losses available period of time, but not so late as travel exceeding 20 miles one way for being sought by the claimant; social service to interfere with or hamper the participation and attendance at funeral to the extent possible all agencies that investigation and prosecution of services, medical appointments and documentation, including may offer the crime. Tex. Code Crim. criminal justice appointments; documentation concerning the losses, additional Proc. art. 56.46. one-time relocation expenses for the police report, hospital records, assistance. The claimant must file the family violence, human trafficking, and etc. should be provided; application within three years stalking victims or for those sexual an authorization permitting the Tex. Code Crim. from the date of the crime. The assault victims attacked in their own Attorney General to verify the Proc. art. 56.07. time may be extended for good residence (up to $2000 for relocation contents of the application. cause, including the age of the and $1,800 for rental housing); and victim or the physical or mental an immediate family member of a Tex. Code Crim. Proc. art. 56.36. incapacity of the victim. Tex. deceased victim may receive lost Code Crim. Proc. art. 56.37. wages for bereavement (up to $1,000). After receiving an application and related A claim may be denied or documentation, including a complete offense reduced if the claimant or victim See Tex. Code Crim. Proc. arts. 56.32(a)(9), report, the Attorney General's Crime Victims' has not cooperated with the 56.42. and 56.43; Tex. Admin. Code §§ 61.401- Compensation Program reviews the appropriate law enforcement 61.415. information to see if the crime, the victim agencies. Tex. Code Crim. Proc. and/or claimant are eligible for the program. art. 56.45. Texas requires emergency rooms to provide a This process involves verifying all the standard information form for sexual assault information presented in the application. Tex. victims that must include information regarding Code Crim. Proc. art. 56.34. Persons eligible for compensation include: treatment of sexually transmitted infections and pregnancy, including: Witnesses to the crime, law enforcement An innocent victim of crime who officers and prosecutors involved in suffers physical and/or emotional Generally accepted medical investigating and prosecuting the crime, harm or death (Tex. Code Crim. procedures; physicians, counselors, hospitals, and Proc. art. 56.32(a)(11)); Appropriate medications; and employers may be contacted for additional an authorized individual acting Any contraindications of the information. A decision about whether the on behalf of a victim (Tex. Code medications prescribed for treating victim or claimant is eligible is usually made Crim. Proc. art. 56.32(a)(2)); within 45 days. Tex. Code Crim. Proc. art.
American University, Washington College of Law 105 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements a person who legally assumes the sexually transmitted infections and 56.41. obligations or voluntarily pays preventing pregnancy. certain expenses related to the A staff member is then assigned to the case crime on behalf of the victim Tex. Health and Safety Code Ann. § 323.005. and works with the victim or claimant to (Id.); review expenses incurred as a result of the a dependent of a victim (Id.); In the case of applications involving crime and determine which ones are eligible an immediate family member or extraordinary pecuniary losses resulting in a for reimbursement or payment. household members related by total and permanent disability, the victim may If the Crime Victims' Compensation Program blood or marriage who require be eligible for additional benefits of up to makes a decision with which the victim or psychiatric care or counseling as $75,000 for: claimant disagrees, the victim or the claimant a result of the crime (Id.); has a right under the law to ask that the decision be reconsidered. The victim or an intervener who goes to the aid making a home or car accessible claimant must notify the Crime Victims' of the victim or a peace officer job training and vocational Compensation Program of the reason for their (Tex. Code Crim. Proc. art. rehabilitation 56.542); or dissatisfaction and provide additional training in the use of special appliances information in this reconsideration a peace officer, fire fighter, or home health care individual whose employment process. Tex. Code Crim. Proc. art. 56.47. reimbursement of loss of wages includes the duty of protecting the public (Id.). If the outcome of the reconsideration process See Tex. Code Crim. Proc. art. 56.42(b). is not satisfactory, the victim or claimant may request a final ruling hearing from the Crime
Compensation due to property damage, theft or Victims' Compensation Program. If the victim Compensation will be denied if: other property crimes are not eligible for or claimant does not agree with the outcome of reimbursement by the Crime Victims’ the final ruling, an appeal may be made to The victim or claimant Compensation Program. district court. Tex. Code Crim. Proc. art. knowingly or willingly 56.48. participated in the crime (Tex. By statute, reimbursement must first be sought Code Crim. Proc. art. from other sources. The Crime Victims’ For more information a victim or claimant 56.41(b)(3)); Compensation Program is a secondary source may email The victim or claimant is the that pays for certain out-of-pocket expenses the [[email protected] offender or accomplice of the victim would be responsible for as a result of the v][email=crimevictims@texasattorneygeneral. offender (Tex. Code Crim. Proc. crime. Any other available resources would gov][email protected][/ art. 56.41(b)(4)); have to pay before any payment by the Crime email][/email] The victim or claimant was Victims' Compensation program. Tex. Code incarcerated in a penal institution Crim. Proc. art. 56.45. or contact the Crime Victims Services at the time of the crime (Tex. Division at Code Crim. Proc. art. Emergency Awards may be requested if a victim 56.41(b)(6)); or claimant would suffer undue harm or Crime Victim Services Division - CVC The victim or claimant hardship if an award is not expedited. The award Program knowingly or intentionally Office of the Attorney General - MC011
American University, Washington College of Law 106 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements submits false or forged limit is $1,500 and is deducted from any future PO Box 12198 information to the attorney awards. Tex. Code Crim. Proc. art. 56.50. Austin, TX 78711-2198 general (Tex. Code Crim. Proc. Telephone: 1 (800) 983-9933 or (512) 936- art. 56.41(b)(7)); 1200 (in Austin) An award of compensation Fax: 1 (512) 320-8270 would benefit the offender or an accomplice of the offender (Tex. Code Crim. Proc. art. 56.41(b)(5)); or The victim or claimant was engaging in activity that at the time of the crime was prohibited by law (Tex. Code Crim. Proc. art. 56.45(a)(4)).
U.S. Virgin There are no eligibility restrictions based Total compensation is limited to $25,000. Applications for compensation must Islands on immigration status. be completed and filed by the Compensation may be paid for: applicant with the Executive The following individuals are eligible for Secretary in accordance with compensation: medical expenses regulations prescribed by the lost earnings Commission within two years after any victim, pain and suffering (up to $5,000) the personal injury or death occurs. any person who is responsible for burial expenses (up to $ 2,500) The Executive Secretary must be the maintenance or care of the pecuniary losses ($20,000 to the spouse notified within ninety days after such victim and who has incurred of the deceased victim and $5,000 for injury or death occurs that an expenses as a result of injury to each dependent minor child or other application for compensation under or the death of the victim, and, dependent) this chapter will be filed in the case of the death of the emergency benefits (up to $500) A criminal report must be filed by the victim with the police within twenty- victim, the estate or any attorney's fees to be deducted from the four hours after the offense was dependents of the victim award, 2% of any recovery up to committed, or, if not, the applicant $1,000 or 5% of any recovery over shall have the burden of satisfying the V.I. Code Ann. tit. 34, §7.161(a) $1,000 Executive Secretary that the delay Payment may be made where: was justified by extraordinary The cost of a routine exam following sexual circumstances. assault will be covered by the Government of The applicant must cooperate with The victim was injured or killed the U.S. Virgin Islands and shall include the requests of law enforcement by any act or omission that medication for pregnancy prevention if authorities. constitutes a criminal offense that indicated and desired.
American University, Washington College of Law 107 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements (i) is a felony or aggravated In any case in which the victim or a assault and battery or domestic V.I. Code Ann. tit. 34 § 206 dependent of a victim is a child, the violence under the laws of the application may be filed on his behalf Virgin Islands or (ii) is a felony Compensation may not be awarded where: by his parent or guardian; and in any under the laws of the United case in which the victim or a States There was no criminal offense dependent of the victim is mentally The victim was injured or killed The act or omission which constituted incompetent the application may be while attempting to prevent the such criminal offense was not a filed on his behalf by his parent, commission of a criminal proximate cause of the injury or death guardian, or such other person offense, or to apprehend a person The victim contributed to the unlawful authorized to administer his estate. suspected of such an offense activity No more than one application may be The victim was injured or killed The injury or death was caused by the filed by or on behalf of any person by an act or omission that operation of a motor vehicle, airplane, eligible to file an application constitutes a criminal offense or boat, unless (i) the vehicle, airplane, which would have been a felony or boat was used as a weapon in a V.I. Code Ann. tit. 34 § 7.161(b)-(d) or aggravated assault and battery deliberate attempt to injure or kill the under the laws of the Virgin victim, (ii) the injury or death was Islands had it occurred in the caused by a person driving under the Virgin Islands but which influence of alcohol or drugs, (iii) occurred in a state, territory, or injury or death is caused by a possession of the United States confirmed hit and run vehicular of America which does not have accident or injury or (iv) death was a crime victim compensation caused by terrorism program for which the victim is eligible V.I. Code Ann. tit. 34 § 7.164 The victim was injured or killed while attempting to prevent the commission of a criminal offense that occurred in a state, territory, or possession of the United States of America which does not have a crime victim compensation program for which the victim is eligible The victim was injured or killed by an act of terrorism
V.I. Code Ann. tit. 34, § 7.162
American University, Washington College of Law 108 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Utah There are no eligibility The following expenses, up to $25,000, may be Victims, family members or legal guardians restrictions based on immigration recovered through the Crime Victim must submit a written application form to the status. Reparations Program: Utah Office for Victims of Crime. The Victims, family members and application can be obtained from the Utah dependents of deceased victims Medical care; Office of Victims or Crimes, victim advocates, or representatives on behalf of Dental care; law enforcement, prosecutors, or online at victims, who suffer physical or Mental health counseling (maximum http://www.crimevictim.utah.gov/Comp/CVR psychological injury or death as a varies, up to $2,500 for out-patient Application_English.pdf. direct result of criminally counseling); The application seeks the following injurious conduct, qualify for the Funeral and burial expenses (up to information: Utah Crime Victim Reparations $7,000); Program. Relocation and related costs (up to Victim shall be a resident of Utah $1,000); Personal information concerning the or the criminally injurious Transportation (up to $1,000); victim, including social security conduct shall have occurred in Loss of earnings (up to 12 weeks, not number Utah. to exceed 66-2/3% of the person’s Information concerning the applicant, The crime must be reported to weekly gross salary or wages); including social security number law enforcement. No conviction Loss of support to dependents (not to Information concerning the crime is required, but enough exceed 66-2/3% of the person’s weekly Information concerning the offender information is needed from law gross salary or wages); Information concerning the victim’s enforcement to substantiate a Child care; health insurance, if any crime occurred. Replacement of door locks, windows, Documentation of the expenses The victim or claimant must or other essential personal property incurred cooperate fully with law required for the health and safety of the enforcement officials in the victim (up to $1,500); investigation and prosecution of It can take up to 30 days to determine if a the case. Eye glasses, hearing aids, or other medically necessary devices (up to victim is eligible for assistance. Payment will The criminally injurious conduct $5,000); be made when all the required information is shall have occurred after received. December 31, 1986. Emergency award (up to $1,000); Attorneys’ fees (up to 15% of the award); and For additional information, contact the Utah Utah Code Ann. § 63-M-7-509. There is a three year limitation for Office for Victims of Crime at
payments of benefits. The following victims do not qualify for 350 East 500 South reparations: Suite 200 Utah Code Ann. §§ 63-M-7-511, 63-M-7-511.5, Salt Lake City, Utah 84111 and 63-M-7-524; Utah Admin. Code r. R270-1- phone: 801-238-2360 or 800-621-7444 A victim whose own misconduct 1 to 1-27. contributed to the crime; fax: 801-533-4127
website: www.crimevictim.utah.gov
American University, Washington College of Law 109 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements A victim who suffered property For a victim of sexual assault, the forensic loss of damage; examination may include the morning after pill A victim engaged in illegal or high does oral contraceptives for the conduct at the time of the crime; prevention of pregnancy. Utah Admin. Code The offender, accomplice or Rule R270-1-22. anyone whose award would unjustly enrich the offender or Awards for medical expenses only incurred as a accomplice; result of homicide, attempted homicide, Anyone who is incarcerated in a aggravated assault or driving under the penal institution when the crime influence may be awarded up to occurs; or $50,000. Reparations for nonmedical expenses Anyone in violation of parole or incurred as a result of the homicide, attempted probation when victimized. homicide, aggravated assault, or DUI may not exceed $25,000. Utah Code Ann. § 63-M-7- 511.5. Utah Code Ann. § 63-M-7-510.
Collateral sources available to the victim, such as insurance, Medicaid, Medicare, or Social Security need to be considered first. Utah Code Ann. §§ 63-M-7-512 and 63-M-7-513.
A crime victim may receive a medical award subject to the following limitations:
All medical costs must be related to the victimization and all treatment must be considered usual and customary; The reparation officer reserves the right to audit any and all billings associated with medical care; The reparation officer will not pay any interest, finance, or collection fees as part of the award; If the claimant has not medical insurance or other collateral source for payment of the victim’s medical bill, the Crime Victims Reparations shall pay 70% of billed charges for eligible medical bills;
American University, Washington College of Law 110 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements If the claimant has medical insurance or other collateral source for payment of the victim’s medical bills, Crime Victims Reparations shall pay the portion of the eligible medical bills that the claimant is obligated to pay pursuant to the insurance agreement; and Child endangerment examinations for children that have been exposed to drugs shall be paid for when the health and safety of the child is at risk and no other collateral source is available. The cost of the exam needs to be an expense incurred by the victim. The writing of evidentiary reports and any form of lab testing shall not be covered as part of the examination.
Utah Admin Code r. R270-1-19. Vermont There are no eligibility If the application is approved, victim’s To apply, complete the application for In Vermont, a restrictions based on immigration compensation board shall authorize cash Vermont Crime Victims Compensation and pharmacist may status. payments, not to exceed $10,000, equal to the send to: dispense emergency A victim or a dependent of a unreimbursed loss directly resulting from the contraception victim shall, upon application, be injury or death of the victim. Victims Compensation Program without a eligible for compensation if: (1) a Vt. Stat. Ann. tit. 13, § 5356. 58 S. Main St., Suite 1 prescription upon law enforcement official has filed Waterbury, VT 05676-1599 following a a report concluding that a crime “Unreimbursed loss” means a loss (A) which is protocol established was committed which resulted in not covered by medical, hospitalization or Application available at: between the the injury or death of the victim; disability insurance or workers' compensation; http://www.ccvs.state.vt.us/sites/default/files/r pharmacist and and (2) the crime was committed (B) which has not been ordered by the court to esources/comp_app-2007v2.pdf physician. This in Vermont; or (3) the victim is a be restored to the victim or dependent by the protocol includes Vermont resident, the state in person who caused the loss; or (C) which has education for the which the crime occurred does been ordered by the court to be restored to the The victim’s compensation board will review woman. not have an eligible crime victim or dependent but has not been paid by the applications and consider all relevant Vt. Stat. Ann. tit. victim's compensation program person who caused the loss. information to determine whether 26, §§ 2078-2079. and the applicant would have Vt. Stat, Ann. tit., 13, § 5351(6). compensation should be awarded. been eligible for compensation Vt. Stat. tit. 13 § 5354.
American University, Washington College of Law 111 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements under this chapter if the crime Crime victims are eligible to receive the amount had been committed in Vermont; of medical or medically-related expenses, loss To appeal, an applicant may file a petition or (4) the victim is a Vermont of wages, and any other expenses which the with the board for review of the board’s resident who is injured or killed Vermont victim’s compensation board feels preliminary decision within 30 days of the date by an act of terrorism outside the became necessary as a direct result of the crime, on which the notice of its decision is mailed. United States, to the extent that including, but not limited to: The board will either affirm or reverse the compensation is not otherwise preliminary decision, explaining its reasons in available under federal law. Medical expenses (including costs of writing. individual or family psychological, Vt. Stat. Ann. tit. 13, § 5355. Vt. Stat. Ann. tit. 13 § 5353(a). psychiatric or mental health counseling; or costs of replacing or Contact Information:
Vermont’s application does not repairing eyeglasses, hearing aids, Crime victims or their dependents should require social security number, dentures, or prosthetic devices which contact: although the statute indicates that were taken, lost or destroyed during the
the application shall contain the commission of the crime); Vermont Center for Crime Victim Services applicant’s social security Mental health counseling: up to 20 Victims Compensation Program number. sessions with treatment plan, may request extensions at 20-session 58 South Main St., Suite 1 Waterbury, VT 05676-1599 Vt. Stat. Ann. tit. 13 § 5353(c)(5). increments for crime-related symptoms still needing treatment; limit of $70 per (802) 241-1250 FAX: (802) 241-1253 http://legislature.vermont.gov/statutes/cha individual session; $35 per group session; 1-800-750-1213 (in-state only); pter/13/167 1-800-845-4874 (TTY, in-state only) http://www.ccvs.state.vt.us/compensation Respite services: $15 per hour with a cap per treatment plan of A victim is: $1,000; respite services beyond initial $1,000 will be considered upon submission of updated written from A person who sustains injury or physician or mental health death as a direct result of the professional, as well as submission of commission or attempted an updated treatment plan from respite commission of a crime; provider; Someone who intervenes on the Lost wages/support: $500 per week crime and is injured or killed in maximum, for not more than 12 weeks an attempt to assist another per claim; also may be paid for time victim or the police; lost to attend funeral and criminal Surviving immediate family of a proceedings; lost wages will be paid at homicide victim, including a 85% of the victim’s gross wages at the spouse, domestic partner, parent, time of loss; sibling, child, grandparent, or Housing and relocation: two months’ survivor who may suffer severe rent, relocation costs not to exceed
American University, Washington College of Law 112 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements emotional harm as the result of $1,500, start-up costs not to exceed the victim’s death as determined $500, emergency housing ($100 per on a case-by-case basis in the night for not more than 7 nights); discretion of the Vermont Temporary living: not to exceed $500 victim’s compensation board; or per week for up to 12 weeks; Resident of Vermont who is Funerals and burial expenses: not to injured or killed as the result of a exceed $7,000, headstones, cemetery crime committed outside the U.S. plots, and memorial items shall not Vt. Stat. Ann. tit. 13, § 5351(7). exceed $2,000 and will be paid in addition to funeral and burial expenses; Moving expenses; Replacement services; Crime-scene cleanup (not to exceed $1,500); Pet care and pets injured/killed: up to $500 for pet care, up to $500 for vet care and up to $250 for burial/cremation; Travel: 30 cents per mile to obtain medical and counseling assistance; up to $2,000 per person (victims and survivors) for travel expenses, food and lodging to attend court hearings, trial and funeral; and Loss of support: up to $500 per week for up to 12 weeks. http://www.ccvs.state.vt.us/content/vict ims-compensation-policies
Payments can be made to service providers on the victim’s behalf. In particular, health care facilities and health care providers may be reimbursed at 60% of the billed charges for compensation claims for uninsured crime victims who do not qualify for the hospital's patient
American University, Washington College of Law 113 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements assistance program, Medicaid, or Medicare.
Vt. Stat. Ann. tit. 13, §§ 5353(c)(5), 167.5356(c).
Sexual Assault Program of the Vermont Center for Crime Victim Services can provide resources for out of pocket medical expenses after insurance has been billed for initial sexual assault examination, including collection of evidence; STI/HIV screening and prophylaxis; pregnancy testing and treatment of related injuries; follow up medical care visits related to the sexual assault; and up to twenty (20) mental health counseling visits. More information is available here: http://www.vtnetwork.org/wp- content/uploads/Sexual-Assault-billingv3.pdf Virginia There are no eligibility Benefits are awarded from the Virginia Criminal The applicant must file a claim for N/A restrictions based on immigration Injuries Compensation Fund ("CICF"), up to a compensation within one (1) year from the status. Although the application maximum award of $25,000, for certain date of the crime in an injury case, the date of for compensation requests a unreimbursed losses such as: victim's death if death is caused by the crime, social security number, there is or the date a minor reaches majority age. also a box to check for “None.” Total or partial loss of earnings (based A minor who is a victim of child sexual assault on 2/3 of average weekly wages up to a has ten (10) years past the date of their The following persons are eligible for maximum of $600 per week); eighteenth (18th) birthday to file. compensation (unless the award would Medical expenses or debt reasonably directly and unjustly benefit the person incurred for medical expenses; If an applicant is incapacitated, the time during who is criminally responsible): Funeral/burial expenses (up to $5,000); which the applicant is incapacitated shall not count against the one year period. Expenses attributable to pregnancy
resulting from forcible rape; A claim can be filed past the one (1) year A victim of a crime or the parent Mental health counseling for eligible deadline if "good cause" can be shown. or guardian of a minor who is the surviving family members of victim Va. Code Ann. § 19.2-368.5. victim of a crime. (not to exceed $3,500);
A surviving spouse, parent, Moving expenses up to $2,000; Applications may be downloaded from the grandparent, sibling or child, CICF website including posthumous children,
American University, Washington College of Law 114 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements of a victim of a crime who died Any other reasonable and necessary (http://www.cicf.state.va.us/pdf/cicf_applicatio as a direct result of such crime. expenses and debt incurred as a direct n.pdf) or obtained from: Any person, except a law- result of the injury or death; Criminal Injuries Compensation Fund enforcement officer engaged in Cost for physical evidence recovery kit 2201 West Broad St. Suite 207 the performance of his duties, examinations conducted on victims of Richmond, VA 23220 who is injured or killed while sexual assault. Telephone: 1-800-552-4007 trying to prevent a crime or an Email: [email protected] attempted crime from occurring Va. Code Ann. § 19.2-368.11:1 in his presence, or trying to An application also can be obtained from your apprehend a person who had In addition, claimants may be eligible to receive local Victim/Witness program. committed a crime in his an emergency award of up to $3,000 if: presence or had, in fact, Completed applications should be mailed or committed a felony. faxed to: A surviving spouse, parent, Criminal Injuries Compensation Fund the claim is one where an award grandparent, sibling or child, P.O. Box 26927 probably will be made and including posthumous children, Richmond, Virginia 23261 there will be undue hardship to the of any person who dies as a Fax: (804) 823-6905 claimant if immediate payment is not direct result of trying to prevent a made. crime or attempted crime from If an applicant disagrees with the decision, an occurring in his presence, or appeal process is available. Instructions for trying to apprehend a person who and assistance with filing an appeal are had committed a crime in his The amount of the emergency award will be provided to each applicant. presence or had, in fact, deducted from the final award made to the http://www.cicf.state.va.us/benefits.shtml committed a felony. claimant, and if a final award is not made, the Any other person legally amount of the emergency award must be repaid. An applicant has 45 days from the date their dependent for his principal Va. Code Ann. § 19.2-368.9 claim is denied to request an appeal. support upon a victim of crime http://www.cicf.state.va.us/faq.shtml who dies as a result of such The following benefits are not available: crime, or legally dependent for his principal support upon any person who dies as a direct result Property loss of trying to prevent a crime or an Attorney’s fees attempted crime from occurring Pain and suffering in his presence or trying to apprehend a person who had committed a crime in his In addition, the CICF considers all collateral presence or had, in fact, resources before making an award, which committed a felony. include: A resident of Virginia who is the victim of a crime occurring
American University, Washington College of Law 115 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements outside Virginia and any other person as defined above who is Health Insurance injured as a result of a crime Social Security occurring outside Virginia shall Life Insurance be eligible for an award if (i) the Medicare/Medicaid person would be eligible for Disability Benefits benefits had the crime occurred in Virginia and (ii) the state, Accident Insurance country or territory in which the Homeowner’s Or Renter's Insurance crime occurred does not have a crime victims' compensation http://www.cicf.state.va.us/benefits.shtml program deemed eligible pursuant to the provisions of the federal Victims of Crime Act and does not compensate nonresidents.
Va. Code Ann. § 19.2-368.4.
Applicants may file a claim for compensation if the following conditions are met:
The crime was committed in Virginia or a state where Virginia residents are not eligible or as a result of a terrorist act. The crime was reported to a law- enforcement agency within 120 hours (unless good cause can be shown for not doing so). The victim suffered personal physical injury as a result of criminal acts. The victim suffered emotional injury as a result of a felony.
American University, Washington College of Law 116 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The victim cooperated with law- enforcement agencies and the courts. The victim was not engaged in any illegal activity at the time of the crime. The victim did not provoke, incite or willingly take part in the crime. Anyone who paid or is responsible for paying the funeral bill of a victim. The claimant is a surviving family member who suffered emotional injury due to the murder of a parent, spouse, sibling, child or grandchild. The claim has a minimum value of $100.
http://www.cicf.state.va.us/cicfapplication .shtml
Adult victims of an alleged sexual assault are not required to report the offense to law enforcement in order to request a forensic examination or to be compensated for the examination, provided that:
the alleged sexual assault occurred after July 1, 2008 and in Virginia; the evidence collection must occur within 72 hours of the date and time of the alleged incident, unless good cause can be shown by the examining nurse; and
American University, Washington College of Law 117 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements the health care facility or provider must forward the bill to the CICF within one year of the date of the treatment, or if the patient paid any amount out-of- pocket, he/she may seek reimbursement by the CICF within one year of the date of the assault.
Va. Code Ann. § 19.2-165.1(B) and see also http://www.sexualanddomesticviolencevir ginia.org/Virginia_s_Health care_Guidelines.pdf (Click "Download" tab next to "Virginia's Healthcare Guidelines")
Additional information is available at: https://www.dcjs.virginia.gov/sites/dcjs.vi rginia.gov/files/publications/victims/victi ms-witness-rights-act-brochure- english.pdf Washington There are no eligibility restrictions based Compensation is provided for: The victim must complete an application and Hospitals are on immigration status. The Crime Victims file it with the Crime Victims Compensation required to: (1) Compensation Program does not review Program. provide victims of the immigration status of victims. Medical/dental benefits, mental health Application for Benefits - Crime Victims: sexual assault with counseling; http://www.lni.wa.gov/Forms/pdf/F800-042- information about Victims of certain types of crimes may Lost wages; 000.pdf (form is also available from victim emergency receive compensation from the state if (1) Medication coverage; witness offices and health-care providers) contraception; (2) the crime occurred in Washington; or (2) Application for Benefits - Homicide Crime orally inform each Mental health treatment; the victim is a Washington resident and Victims: victim of sexual Grief counseling; the criminal act occurred in a state that http://www.lni.wa.gov/Forms/pdf/F800-120- assault of her does not have a CVC program. Partial payment of funeral/burial 000.pdf option to be Wash. Rev. Code § 7.68.020. expenses; provided Permanent/temporary total disability; Mail to: emergency The victim must report the crime within Counseling for family members of Crime Victims Compensation Program contraception at the one year or within one year of when a sexual assault or homicide victims. PO Box 44520 hospital; and (3) if report could have reasonably been made. Olympia WA 98504 not medically
American University, Washington College of Law 118 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements The victim must cooperate with law Wash. Rev. Code §§ 7.68.070 and 7.68.080 and Fax to: 360-902-5333 contraindicated, enforcement. http://www.lni.wa.gov/ClaimsIns/CrimeVictims Email provide emergency Wash. Rev. Code § 7.68.060. /FileCoverage/Coverage/Default.asp. to: [[email protected] contraception ov][email protected][/em immediately at the A claimant may be the direct victim of the No more than $50,000 dollars shall be paid in ail] hospital to each crime, or the victim’s family or total per claim, of which nonmedical benefits Call 800-762-3716 to check status of victim of sexual beneficiary if the crime results in the shall not exceed $40,000 dollars of the entire application. assault who death of the victim. claim. requests it. Wash. Rev. Code § 7.68.070. Wash. Rev. Code § 7.68.070. Absent good cause, the application must be Wash. Rev. Code filed within 2 years from the date the crime Ann. § 70.41.350. No costs incurred by a hospital or other was reported to a local police department or emergency medical facility for the examination sheriff's office or the date the rights of of the victim of a sexual assault, when such beneficiaries accrued or within 5 years from examination is performed for the purposes of the date the crime was reported with good gathering evidence for possible prosecution, cause. The rights of adult victims of shall be billed or charged directly or indirectly childhood criminal acts shall accrue at the time to the victim of such assault. Such costs shall be the victim discovers or reasonably should have paid by the state of Washington. discovered the elements of the crime. Benefits Wash. Rev. Code § 7.68.170 are available to any victim of a person against whom the state of Washington initiates Whenever compensation is payable to a proceedingsand shall accrue when the victim is beneficiary who is an alien not residing in the notified of proceedings or the victim is United States, the department shall pay the interviewed, deposed, or testifies as a witness compensation to which a resident beneficiary is in connection with the proceedings. eligible under this chapter. But if a nonresident Wash. Rev. Code § 7.68.060. alien beneficiary is a citizen of a government having a compensation law which excludes See the following link for more information: citizens of the United States, either resident or http://www.lni.wa.gov/ClaimsIns/CrimeVicti nonresident, from partaking of the benefit of ms/default.asp such law in as favorable a degree as herein extended to nonresident aliens, he or she shall receive no compensation. No payment shall be made to any beneficiary residing in any country with which the United States does not maintain diplomatic relations when such payment is due. Wash. Rev. Code § 7.68.077
West Virginia West Virginia’s Crime Victims An applicant can be reimbursed for the A Crime Victims Compensation Fund N/A Compensation Fund provides following types of expenses if they are incurred application must be completed. Applications compensation to crime victims, relatives are available upon request by calling the Fund
American University, Washington College of Law 119 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements of victims, guardians, estate executors, as a direct result of a crime as long as there are at 1-877-562-6878 (within W.Va. only) or and others who provide payment for no other sources of reimbursement available: (304) 347-4850. Applications may be obtained expenses related to the crime. from local county prosecuting attorney Medical/Dental; offices. Crime victims claim may also be filed There are no eligibility restrictions based Mental Health Counseling by a online at: on immigration status. licensed counselor; http://www.legis.state.wv.us/joint/Victims/clai Lost Wages/Income; m.cfm Eligible persons include: Funeral/Burial;
Lost Support of eligible dependents; The application for an adult victim (18 years Rehabilitation; or older at the time of crime) must be filed A victim who has suffered an Replacement service loss; and injury as a result of a crime; with the Fund within two years of the crime. Mileage to medical treatment facility. Anyone who pays for the medical and/or funeral/burial The application for a minor victim (under 18 expenses of a victim; W. Va. Code § 14-2A-3(f). year of age at the time of the crime) must be http://www.legis.state.wv.us/joint/Victims/eligib A legal guardian of a minor; filed with the Fund before the minor’s 20th ility.cfm birthday. An executor or executrix of the W. Va. Code §14-2A-10. estate of a deceased victim; and The total of all reimbursement to or on behalf of http://www.legis.state.wv.us/joint/Victims/elig A spouse or dependent who a victim cannot exceed the maximum allowable ibility.cfm suffers noneconomic loss due to benefits as set out below: the death of a victim. If the applicant disagrees with the judge’s Victim Suffers Injury decision, the applicant is given 21 days to request a hearing. Another judge will preside Crimes that may result in personal injury, Up to $35,000 over the appeal hearing, which is the final include: Medical/Dental process.
Mental Health Counseling http://www.legis.state.wv.us/joint/Victims/elig Wage/Income Loss (victim only) ibility.cfm Malicious assault; Mileage to and from medical treatment See the following link for more information: Assault and battery; facility http://www.legis.state.wv.us/Joint/victims.cfm Child abuse/molestation; Replacement Services Domestic violence; Driving under the influence;
Reckless driving; Victim Suffers Death Vehicle homicide (negligent homicide); Up to $50,000 Murder; Medical Other violent crimes; Noneconomic Loss of Dependents Robbery;
American University, Washington College of Law 120 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Sexual assault; Funeral/Burial Expenses Kidnapping; Hunting accident; and Arson. Victim’s Injury Leaves the Victim with a Disability W. Va. Code § 14-2A-3. http://www.legis.state.wv.us/joint/Victims An additional amount, up to $100,000, /eligibility.cfm for special needs attributable to the injury. To be eligible for compensation, there must be a crime involving personal injury or death, with the following additional W. Va. Code § 14-2A-14(g). requirements: http://www.legis.state.wv.us/Joint/victims/eligib ility.cfm
The crime must either have Applicants may also seek assistance from an occurred in West Virginia, or attorney. Reasonable fees will be paid by the involved a West Virginia resident Fund at no cost to the applicant regardless of the injured in another State without a outcome of the claim. Attorney’s fees are paid compensation program, or from the Fund, not from awards. involved a West Virginia resident W. Va. Code § 14-2A-19. injured outside the United States http://www.legis.state.wv.us/joint/Victims/eligib as a result of terrorism; ility.cfm The crime must be reported to law enforcement officials within Persons not eligible to receive compensation 72 hours (unless just cause include: exists). The claimant must fully cooperate with law enforcement Person who commits the crime; officials; Persons who do not cooperate with law The claim must be filed within enforcement officials or the claim two years of the date of the investigator; and incident; Persons who are injured while The victim must suffer a personal incarcerated. injury; and There must be an economic loss. http://www.legis.state.wv.us/Joint/victims/eligib ility.cfm
The following types of losses are not covered
American University, Washington College of Law 121 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements under the program: http://www.legis.state.wv.us/Joint/victims /eligibility.cfm Personal property (except medically necessary items such as eyeglasses); and Work loss of others (only the victim’s work loss is considered).
http://www.legis.state.wv.us/Joint/victims/eligib ility.cfm
By law, the Crime Victims Compensation Fund is the “payer of last resort.” As such, if any other sources of reimbursement are available for the victim’s/applicant’s crime-related losses, such sources must be used before the victim/applicant becomes eligible for reimbursement from the Fund. Victims/applicants have the responsibility to inform the Fund of any reimbursement sources for their losses and are responsible for repayment of any amounts for which it was later determined they were not eligible. Other reimbursement sources that may be available include, but are not limited to:
Medical/health, dental, or vision insurance; Employee sick leave benefits; Employee annual leave benefits; Public program benefits (Medicaid, Medicare, etc.); Workers’ Compensation; Unemployment benefits; Life insurance over $25,000 and auto insurance; Court-ordered restitution; and
American University, Washington College of Law 122 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Civil lawsuit recoveries.
W. Va. Code § 14-2A-14(f). http://www.legis.state.wv.us/joint/Victims/eligib ility.cfm
For more information please see: W. Va. Code § 14-2A et. seq.
The West Virginia Forensic Medical Examination Fund was established by the state legislature to pay for "all reasonable and customary costs of a forensic medical examination." The sexual assault forensic medical exam informs he victim of the risk of pregnancy and sexually transmitted infections, testing for HIV/AIDS, and prophylactic steps to avoid pregnancy and infection; provides testing/prophylactic care as needed; and provides referrals for related follow up health services. W. Va. Code § 61-8B-16. http://www.fris.org/SANEs/WhatisExam.html
Wisconsin There are no eligibility Awards will not be more than $40,000 for any Application for reimbursement must be made restrictions based on immigration one injury or death. within one year from the date of injury or status. “Any person may apply Wis. Stat. Ann. § 949.08. death and the crime must be reported to law for an award under this chapter.” enforcement within five days of the date of the Application by a minor may be Eligible expenses include: crime. These requirements may be waived in made on the minor's behalf by the interest of justice. No award may be made his or her parent or guardian. Medical treatment (including medical, for expenses incurred after four years from the Application by an individual surgical, dental, optometric, date of the injury or death. adjudicated incompetent may be chiropractic, podiatric, hospital care; Wis. Stat. Ann. § 949.08. made on the individual's behalf medicine; medical, dental and surgical by the guardian or other person supplies, crutches, artificial members, The Wisconsin department of justice will authorized to administer the appliance and training in use of prescribe application forms for awards and individual's estate. artificial members and appliances); will provide them to law enforcement agencies Mental health (see application for upon request. Wis. Stat. Ann. 949.04(1). compensation); Wis. Stat. Ann. § 949.04(2).
American University, Washington College of Law 123 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Although the application requests a Social Work loss (including homemaker, in an Applicants should submit reports from all Security Number, Program officials amount sufficient to ensure that the treating providers who treated or examined the confirmed that the inability to provide a duties and responsibilities are victim at the time of or subsequent to the social security number on the application continued until the victim is able to victim’s injury or death. will not, in and of itself, affect an resume the responsibilities); Wis. Stat. Ann. § 949.04(3). immigrant’s ability to receive benefits. Replacement of clothing and bedding that is held for evidentiary purposes For additional information: (up to $300), https://www.doj.state.wi.us/ocvs/office-crime- Replacement of property held as victim-services The crime must be reported to evidence and is rendered unusable as a law enforcement within five days result of crime lab testing (up to $200); https://www.doj.state.wi.us/sites/default/files/o of the date of the crime. Funeral and burial expenses (up to cvs/compensation/Brochure%20Draft%20TEA Wis. Stat. Ann. 949.08(1). $5000); L.pdf Loss of support; To download/print application: Attorney’s fees; and https://victimassistance.secure.force.com/Victi Compensation may be awarded for Cleaning crime scene (up to $1000). mAssistance/wvcapplication personal injury or death which results
from: Wis. Stat. Ann. §§ 949.06 and 949.14. Mail completed application to:
https://www.doj.state.wi.us/ocvs/compensation/ Crime Victim Compensation Program crime-victim-compensation-program- P.O. Box 7951 The commission or the attempt to compensation-your-financial-losses Madison, WI 53707 commit a crime or abuse. (608) 264-9497 (Madison area) or Preventing or attempting to Any award made under the program will be (800) 446-6564 prevent the commission of a reduced by the amount received from another crime; source (for example, from the insurance Apprehending or attempting to company, public funds, emergency award, apprehend a suspected criminal; person who committed the crime). Aiding or attempting to aid a Wis. Stat. Ann. § 949.06(3). police officer to apprehend or arrest a suspected criminal; and Sexual Assault Forensic Examination (SAFE) Aiding or attempting to aid a Compensation Program provides coverage for victim of a crime. the cost of sexual assault exams regardless of whether or not the victim chooses to authorize billing of his or her insurance or to Wis. Stat. Ann. § 949.03. report/cooperate with law enforcement. The SAFE Program does not pay for exam costs if Crimes are defined as “conduct which is the victim chooses to authorize billing of his or prohibited by state law and punishable by her insurance and cooperates with law fine or imprisonment or both.” enforcement through an investigation. In this Wis. Stat. Ann. § 939.12
American University, Washington College of Law 124 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements case, the victim should seek compensation from If a Wisconsin resident suffers injury or CVC and will need to meet its eligibility death occurred outside Wisconsin, the requirements. SAFE does not cover emergency resident has the same rights as if the act contraception. had occurred in Wisconsin upon a Information Sheet: showing that the state, territory, country http://www.wcasa.org/file_open.php?id=993 or political subdivision of a country in which the act occurred does not have a compensation of victims of crimes law which covers the injury or death suffered by the person. Wis. Stat. Ann. § 949.035. Wyoming There are no eligibility Maximum award may be up to $15,000. The Attorney General, Division of Victim N/A restrictions based on immigration Compensation paid to an associated victim is Services, will review applications and make a status. Although the application included in the primary victim’s cap of $15,000. ruling. for compensation requests social security numbers, immigrants Primary victims must fill out an application. will not be turned away if they Medical, dental and hospital services; Applications are available at local law do not have a Social Security Mental health counseling and care; enforcement agencies, domestic Number. An applicant that does Funeral/burial expenses (not to exceed violence/sexual assault agencies, prosecuting not have a social security number $5,000); attorney’s offices, and victim assistance agencies. Applications are also available by should also submit IRS Form W- Loss of earnings (not to exceed calling the Division of Victim Services at 8BEN along with the application $500/month); for compensation. (307) 777-7200 (you may call collect) or by Loss of support to dependents, visiting http://ag.wyo.gov/victim-services- The crime must be reported to including home maintenance and day home-page/compensation (see “Primary law enforcement as soon as care; possible. Victim Services Compensation Application Homemaker replacement services loss; Form” or “Associated Victim Application”) Eyeglasses, corrective lenses, dental
and other prosthetic devices; The division staff will review the application Persons eligible to receive benefits Relocation services; include: and conduct an investigation to verify all of Emergency award (not to exceed the information. Law enforcement, witnesses, $1,000); and service providers, employers, etc. will be A victim of a crime who has Other expenses incurred as a result of contacted to substantiate the application. suffered physical injury or is the crime (including crime scene Application processing usually takes a killed as a result of: a “criminal cleanup and travel costs). minimum of 90 days. act” of another person; trying to http://ag.wyo.gov/victim-services-home- stop a prevent the commission of Wyo. Stat. Ann. §§ 1-40-102; 1-40-109, 1-40- page/compensation (see “Frequently Asked a criminal act, or to apprehend a 110, and 1-40-111. Questions”) person engaging in a criminal act http://ag.wyo.gov/victim-services-home-
American University, Washington College of Law 125 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements or assisting a law enforcement page/compensation (see “Frequently Asked After conducting a hearing, the division will officer to do so; trying to help a Questions”) notify applicants of the amount of the award. victim of a crime; or a federal If an award is reduced or denied, the reason crime occurring in Wyoming; Victims of catastrophic injury, the permanent will be provided in writing. Families and dependents of disability of limbs or functions as a result of Wyo. Stat. Ann. § 1-40-108. deceased victims; being a victim of a crime, are eligible for http://ag.wyo.gov/victim-services-home- Persons who are authorized to act additional compensation (exceeding the page/compensation (see “Frequently Asked on behalf of victims; maximum $15,000 award) up to $10,000 to Questions”) Wyoming residents who are cover future lost wages, special medical needs victims of a crime occurring in and any other special assistance needed as a Applicants may apply for emergency another state which would have result of the injury. The additional award may compensation (to cover basic, survival needs), been compensable if it had be made only for losses and expenses occurring which can be awarded within a shorter period occurred in Wyoming and the within twenty-four (24) months after the date of of time, usually 10 working days. Any crime occurred in a state which the injury. emergency award granted shall be deducted does not have a crime victim Wyo. Stat. Ann. § 1-40-109(e). from the final compensation award made to compensation program for which the applicant. No appeals are granted on the victim is eligible; Insurance benefits must be used first, as well as emergency claims. Wyoming residents injured or other sources such as sick or vacation leave Wyo. Stat. Ann. § 1-40-111. killed by an act of terrorism from an employer, disability insurance, worker’s http://ag.wyo.gov/victim-services-home- committed outside the U.S.; compensation and social security. page/compensation (see “Frequently Asked Family members who are Wyo. Stat. Ann. § 1-40-110(d). Questions”) Wyoming residents and who http://ag.wyo.gov/victim-services-home- have suffered a pecuniary loss as page/compensation (see “Frequently Asked a result of a terrorist attack in the Questions”) U.S., regardless of the actual victim’s residency; The Division of Victim Services (DVS) issued a Wyoming residents who are policy in 2011 that states that DVS will pay for victims of a crime involving expenses incurred as a result of the sexual terrorism occurring in another assault for a victim who chooses not to report state which would have been the assault to law enforcement. This payment compensable if it had occurred in includes expenses for the emergency room, the Wyoming and who suffer a emergency physician, the forensic evidence pecuniary loss. collection examination, STD and pregnancy testing, and emergency contraception (i.e. Plan B® One-Step tablet) and treatment of other http://ag.wyo.gov/victim-services-home- injuries received as a result of the sexual page/compensation (see “Frequently assault. Total costs available for reimbursement Asked Questions”) cannot exceed $15,000. Wyo. Stat. Ann. § 1-40-102. For victims who do report to law enforcement, compensation must be sought through the usual
American University, Washington College of Law 126 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements In order to be eligible for compensation victims’ compensation process. benefits: http://ag.wyo.gov/victim-services-home- page/compensation (see “Policy for Payment of The crime must have occurred in Sexual Assault Forensic Examination.”) Wyoming or in state that does not have a Crime Victims For additional information: Compensation program or the Crime Victim Compensation Program crime was an act of terrorism; 122 W. 25th The appropriate law enforcement authorities were notified of the Cheyenne, WY 82002 criminal act allegedly causing the (307) 777-7200 injury to or death of the victim as (888) 996-8816 soon as practical under the circumstance after perpetration http://ag.wyo.gov/victim-services-home- of the offense; page/compensation The victim or claimant must fully cooperate in the investigation and prosecution of the crime; The claim must be filed within one (1) year of the injury or death, or within any extension of time the division allows for good cause shown; Federal crime victims are eligible to apply for compensation whether or not the crime falls under tribal, state or federal jurisdiction; No portion of the compensation shall benefit the offender in any way; and A victim whose own misconduct either caused or contributed to the criminal attack could be reduced or denied compensation.
http://ag.wyo.gov/victim-services-home- page/compensation (see “Frequently Asked Questions”)
American University, Washington College of Law 127 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements Wyo. Stat. Ann. §§ 1-40-102, 1-40-106.
The following persons are not eligible to receive compensation benefits:
The offender and/or accomplice; A victim convicted of a felony after applying for compensation; An individual who is a victim of a criminal attack while confined in a prison or other correctional facility at the time of the crime; A victim whose expenses are paid entirely by other sources; Victims of monetary or property loss; and Victims seeking compensation only for pain and suffering.
http://ag.wyo.gov/victim-services-home- page/compensation (see “Frequently Asked Questions”) Wyo. Stat. Ann. §§ 1-40-106, 1-40- 110(d).
Victims of a criminal act may be able to receive compensation benefits. A “criminal act" means an act committed or attempted in this state, including an act of domestic violence, which constitutes a crime as defined by the laws of this state or an act of terrorism, committed outside the United States, and which results in actual bodily injury, or actual mental harm, or death to the victim. No act involving the operation of a motor vehicle, boat or aircraft which results in injury or death constitutes a crime for the
American University, Washington College of Law 128 Jurisdiction Eligibility (Income, Residency or Time Coverage (What services are covered? How Application Process Notice and Period Requirements) are key terms defined?) Recordkeeping Requirements purpose of this act unless the injury or death was recklessly or intentionally inflicted through the use of the vehicle, boat or aircraft, or unless the act constitutes a violation of under Wyoming’s law on driving under the influence of alcohol. Wyo. Stat. Ann. § 1-40-102.
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